The Scottish government is facing legal action after failing to meet a deadline to release files from an inquiry into whether former First Minister Nicola Sturgeon breached the ministerial code. The Scottish Information Commissioner has now warned that if the written evidence is not released by 22 January, he will refer the matter to the Court of Session.
The issue dates back to March 2021, when an independent adviser, James Hamilton KC, cleared Sturgeon of breaching the ministerial code. A freedom of information request was then made for all written evidence used in the investigation, but the government initially insisted that as Hamilton was an independent adviser, he was not subject to freedom of information legislation.
However, the Information Commissioner intervened and ordered the government to re-examine the case. Ministers then challenged this decision in the Court of Session, but their appeal was refused. After a lengthy series of complex appeals, the Information Commissioner ordered the government to release some of the evidence by Thursday, but it failed to do so.
In a strongly worded statement, the Information Commissioner, David Hamilton, criticised the government’s “practice of last-minute communication” on cases relating to the Hamilton Inquiry, saying it “reflects poorly on the ministers and disrespects the applicant and wider Scottish public on a matter of significant public interest.”
Hamilton warned that if ministers failed to comply by the new deadline, he would “not hesitate to refer the matter to the Court of Session,” adding that “The Court may investigate the matter and treat the failure to comply as contempt of court.”
A Scottish government spokesperson said the government would “comply” with Hamilton’s decision, but was “working to avoid identifying people involved” in order to comply with court orders. They added that the government had written to the Commissioner to inform him that they would not meet the 15 January deadline.
The saga has its roots in the botched investigation into harassment complaints made against former First Minister Alex Salmond in 2020. Salmond was later cleared of all charges, and his family has said they are determined to “defend his name” in legal action against the Scottish government.
