Calls for a judge-led public inquiry into an investigation into whether former Scottish First Minister Nicola Sturgeon broke the ministerial code have been rejected by John Swinney. Sturgeon was cleared of any breach by independent adviser James Hamilton in 2021 amid a row over the Scottish government’s probe of Alex Salmond. Newly published legal advice about freedom of information requests raises concerns about the investigation’s independence, according to opposition members of the Scottish Parliament.
A Scottish government civil servant was seconded to work for Hamilton and continued to correspond with Swinney. Sturgeon claimed this was normal practice, and covered only practical issues. The Conservatives and Labour supported the call for a judge-led inquiry, which Swinney refused to agree to.
The background to the case lies in 2020, when Sturgeon submitted herself to an investigation, led by Hamilton, to determine if she had broken the ministerial code. Her government had just conceded to a half a million-pound civil court case brought by Salmond, and the first minister ordered a review of her dealings with him. Hamilton concluded that she had not broken the code, although parts of his final report were heavily redacted.
Although legal criticisms of the handling of Salmond’s case were produced in the earlier Holyrood inquiry, prompting the solicitor general to threaten resignation, similar criticisms were not found in the legal advice published on the latest dispute. Democratic and Labour leaders have argued that contact between Swinney and the civil servant who worked with Hamilton compromises the inquiry’s independence.
The dispute has little immediate legal consequence and may well flounder in exchanges of legal opinion and further parliamentary clashes
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