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The Scottish government is facing renewed legal pressure from the information commissioner regarding the disclosure of documents tied to an ethics investigation involving Nicola Sturgeon. This inquiry ultimately cleared Sturgeon of breaching the ministerial code amid a Holyrood probe into the handling of harassment allegations against former first minister Alex Salmond. Despite various deadlines, ministers have repeatedly failed to publish correspondence linked to the inquiry.
David Hamilton, the information commissioner, expressed serious concerns about the government’s handling of these files. Having been met with what he described as “preposterous and unacceptable” excuses for not complying with his orders, Hamilton stated that he no longer trusts the Scottish government to manage the documents without supervision. His frustrations were heightened by delays and a perceived lack of transparency in the government’s approach. As a result, he is considering more stringent legal measures to enforce compliance.
The commissioner’s latest criticism follows his efforts to ensure ministers honored a 2024 order to disclose legal advice connected to a prior appeal concerning the inquiry evidence. Upon review of the government’s response, Hamilton concluded they failed to adhere to the directive. He conveyed his disappointment directly to Joe Griffin, the Permanent Secretary and Scotland’s highest-ranking civil servant, warning of potentially “more intrusive options” to secure compliance. Hamilton also highlighted that the restrictive handling of freedom of information requests in this case contrasts sharply with how the government manages other similar matters.
In response, Griffin affirmed that compliance with court orders has remained a top priority for ministers. He assured that no information mandated for release had been withheld and that relevant rulings were fully observed. Griffin also acknowledged that a recent large batch of over 700 documents had been temporarily removed from the government’s website to allow for additional redactions. He attributed this to the document volume and complexity, describing the incident as “regrettable.” Meanwhile, First Minister John Swinney noted that freedom of information requests were complicated by the need to protect the identities of women who had made harassment allegations against Salmond. The controversy dates back to 2021 after an independent investigation cleared Sturgeon, leading to ongoing disputes about disclosure and transparency around the inquiry materials
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