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The Scottish government is currently facing legal action initiated by Scotland’s Information Commissioner due to repeated delays in providing documents related to an ethics investigation involving former First Minister Nicola Sturgeon. The government had a deadline set for Thursday to submit specific correspondence connected to the inquiry that cleared Sturgeon of any breach of the ministerial code in relation to the handling of accusations against her predecessor, Alex Salmond. Despite assurances from Deputy First Minister John Swinney that the documents would be handed over “not much longer,” the Commissioner, David Hamilton, has instructed solicitors to commence court proceedings, potentially resulting in the government being held in contempt of court.
Multiple freedom of information (FOI) appeals, six in total concerning the Sturgeon and Salmond investigations, are being managed by the Commissioner’s office. Swinney revealed that nearly 90 FOI requests have been submitted overall. The government is currently appealing two significant cases in the Court of Session, one of which involves a mandate to release evidence reviewed by independent advisor James Hamilton during his probe into the ministerial code. According to Swinney, some of these materials could inadvertently identify complainants connected to Salmond’s 2020 criminal trial—where he was acquitted of sexual assault charges—thereby violating court orders safeguarding their anonymity.
While ministers have consented to produce the documents pertinent to the present case—mainly correspondence involving the secretariat assisting James Hamilton—they contend that the process of applying necessary redactions is time-consuming. Despite this, Information Commissioner David Hamilton emphasized that prompt and complete compliance with FOI requests is fundamental to maintaining the integrity of the freedom of information system. This principle underpins the extraordinary decision to initiate legal action against the government.
Benjamin Harrop, a member of the public who originally submitted the FOI requests, described the legal escalation as “really quite remarkable.” He expressed his approval on social media, noting that the Scottish government had been given until the 1st of December to respond but failed to meet the deadline. Harrop highlighted that the Commissioner’s intervention underscores the message that public authorities cannot ignore statutory deadlines without facing consequences. The unfolding situation illustrates ongoing tensions between transparency, legal limitations, and protections for individuals involved in sensitive past inquiries within Scottish politics
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