THE families of the Glasgow bin lorry tragedy have been granted legal aid for a private prosecution.

The Scottish Government said it was in the public interest for those involved to have adequate legal representation, but added that the decision did not mean ministers agreed the Crown Office had made an "error in law".

In February last year, the Crown confirmed that driver Harry Clarke would not face charges in connection with the George Square crash, which left six people dead on December 22, 2014.

The decision has been criticised by some family members who want Mr Clarke prosecuted after a Fatal Accident Inquiry found the crash could have been avoided if he had not lied about his medical history.

Justice Secretary Michael Matheson said: "Private prosecutions are, and should remain, exceptionally rare in Scotland.

"However, in light of the unique and special circumstances of this case, which raises fundamental questions that have not previously been tested in case law, Scottish ministers believe it is in the public interest that all parties are adequately represented.

“As such, ministers have agreed to make legal aid available for the families of the bin lorry tragedy.

“In line with human rights requirements that anybody facing potential criminal prosecution must be legally represented, legal aid will also be made available to the driver of the bin lorry, Mr Clarke."

Lord Advocate Frank Mulholland, who said the decision not to prosecute was due to insufficient evidence, has already said he will not support a private prosecution.

The family members can now only proceed if they get permission from high court judges.

Mr Matheson added: "The issue of whether there are exceptional circumstances to justify a private prosecution is a matter for the high court alone and do not form part of this legal aid decision.

"Responsibility for deciding whether or not to prosecute an alleged criminal case in Scotland rests clearly with the Crown Office which has a strong record in prosecuting crime.

"The determination is not being made on the basis that ministers agree that there was any error in law in the decision by the Crown.

"The Lord Advocate has set out publicly the basis for the decision not to progress a prosecution following the bin lorry tragedy."

Mr Clarke, 58, was unconscious when the Glasgow City Council bin lorry veered out of control.

Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, from Dumbarton, died in the crash, along with Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh.