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The Scottish government has been instructed to disclose certain written materials from an inquiry examining whether Nicola Sturgeon violated the ministerial code. In 2021, an independent advisor cleared the former first minister of breaching the ethics code, following a flawed investigation into her predecessor, Alex Salmond. Despite this, when a member of the public requested access to the evidence under Freedom of Information (FOI) legislation, the request was refused.
After an extensive and complicated appeal process, the Information Commissioner has now mandated that ministers release some of the requested information by January 12. However, this decision might still be challenged through further appeals. In a recent ruling, Scottish Information Commissioner David Hamilton criticized the government for withholding information without properly identifying it as exempt under FOI regulations. He stated that ministers had “wrongly withholding some information under the exemptions.”
Hamilton acknowledged the intricacy of the case, noting that the situation was complicated further by how certain aspects were handled by the Scottish government. He also expressed his awareness of the sensitive nature of the information involved. Meanwhile, the family of Alex Salmond has continued to seek justice, with Salmond’s niece Christina Hendry asserting that there was a conspiracy against him. Salmond, who was acquitted at trial of 13 sexual offence charges in 2020, had been pursuing legal action against the Scottish government over the mishandled harassment investigation before his death at age 69 last year. His widow Moira has taken over the case, although the estate is being wound up by bankruptcy administrators due to debts exceeding £340,000, largely from legal costs.
Following the Information Commissioner’s ruling, independent MSP Fergus Ewing called on the current First Minister to release all documents that could clarify the truth behind the inquiry involving Nicola Sturgeon and the treatment of Salmond by senior officials. Ewing described the ruling as “an utterly devastating finding which destroys any shred of credibility” in the government’s commitment to transparency. A spokesperson for the Scottish government said they were reviewing the Commissioner’s decision.
This controversy traces back nearly seven years, beginning with Nicola Sturgeon voluntarily referring herself for investigation to prove she had no involvement in any conspiracy related to the government’s inquiry into Alex Salmond. Meanwhile, Salmond insisted there was a conspiracy against him. Even with Salmond’s passing and Sturgeon preparing to leave politics, disputes over that investigation and associated conspiracy allegations remain ongoing. Much of the pressure for transparency comes from a persistent campaign by Benjamin Harrop, a member of the public whose FOI request in April 2021 has passed through numerous appeals and legal proceedings.
Despite the upcoming release of some documents, the exact content and significance remain uncertain. It is possible the materials will be heavily redacted due to court orders that protect the identities of women who made complaints about Salmond. Additionally, there is still the potential for a final appeal in the courts, meaning this saga is unlikely to conclude soon
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