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The Scottish government faces potential legal repercussions after failing to meet a deadline to publish documents related to an inquiry into whether former first minister Nicola Sturgeon breached the ministerial code. Sturgeon was previously cleared of any violations by an independent adviser in 2021 following a flawed investigation into allegations involving her predecessor, Alex Salmond.
The Scottish Information Commissioner has now issued a warning that if the requested written evidence concerning Sturgeon’s management of harassment claims is not disclosed by 22 January, he intends to escalate the matter to the Court of Session. In response, a government spokesperson confirmed their intention to comply with Commissioner David Hamilton’s ruling, while emphasizing efforts to protect the identities of those involved.
In a ruling made last November, Hamilton found that the government had improperly withheld information connected to the ongoing inquiry. He required the release of some of the written evidence by 15 January. However, the government notified him just moments before the deadline that the documents would not be provided, prompting Hamilton to criticize the “practice of last-minute communication” as disrespectful to both the public and those seeking transparency in a matter of significant public concern.
Hamilton further warned that failure to comply with the extended deadline could lead to the case being referred to the Court of Session, where noncompliance might be treated as contempt of court. The government stated it had informed the commissioner about missing the initial deadline and reiterated its commitment to following the decision, while acknowledging the need to avoid inadvertent identification of individuals through the released material.
The controversy originated in March 2021 when independent adviser James Hamilton KC—unrelated to the commissioner—cleared Nicola Sturgeon of breaching the ministerial code. Following this, a freedom of information request was submitted, seeking all the written evidence used during the investigation. The government initially argued that Hamilton’s independent status exempted the materials from FOI legislation, but the Information Commissioner intervened, ordering a review. Subsequent government appeals to the Court of Session were rejected, and after a prolonged series of complex legal maneuvers, the commissioner mandated that some evidence be disclosed by last Thursday—an order the government failed to fulfill.
The dispute extends beyond Sturgeon, involving the late Alex Salmond, whose family remains actively engaged in contesting the Scottish government. In August, Salmond’s niece, Christina Hendry, asserted the family’s determination to protect his reputation, alleging a conspiracy against the former first minister who was acquitted of 13 sexual offence charges in 2020. Salmond, who died in October 2024 at the age of 69, had been pursuing legal action against the government over a mishandled harassment investigation. Although his widow Moira has continued the legal proceedings, Salmond’s estate is undergoing bankruptcy proceedings due to over £340,000 in debts, largely attributed to accrued legal fees
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