Scottish government found in contempt in 'bombshell' Salmond files ruling
It comes after ministers failed to comply with a freedom of information request
The Scottish government has been found in contempt by the Court of Session in a “bombshell” ruling relating to the so-called Salmond files.
It comes after ministers failed to comply with a freedom of information (FOI) request, despite warnings from the information watchdog.
Benjamin Harrop, a member of the public, had asked for communications and information relating to the 2021 investigation into whether Nicola Sturgeon breached the ministerial code, along with associated published legal advice.
Ms Sturgeon referred herself to independent adviser James Hamilton in 2019 over concerns she failed to record meetings and phone calls with her predecessor Alex Salmond and his former chief of staff after he was the subject of harassment complaints from two civil servants.
Mr Hamilton investigated and issued a report in March 2021 in which he determined the former first minister did not breach the code.
David Hamilton, the Scottish Information Commissioner, previously found the Scottish government was not entitled to withhold some of the information requested by Mr Harrop.
After the government twice failed to comply with his ruling, the Commissioner referred the matter to court. The government later released information.
In a written judgement, Lady Poole said the government had "deliberately failed" to carry out the redaction of documents within the timeframe stipulated.
“The court is satisfied to the standard of proof beyond reasonable doubt that there has been a contempt,” she said.
The government was admonished and ordered to pay legal expenses to the Commissioner, estimated at near £25,000.
Mr Hamilton said: “I welcome today’s ruling from the Court of Session that the Scottish ministers’ failure to comply with the timescales set out in my FOI decision amounted to a contempt of court.
"This was the first time in more than 20 years of FOI that a Commissioner has had to refer non-compliance with one of their decisions to the court.
“It was not a step taken lightly, and was all the more disappointing given that Scottish ministers have a role in making the law and an assumed respect for the rule of law.
“Failing to comply with my decisions undermines the fundamental principles of FOI and damages the information rights of individuals.
“I trust that the Scottish ministers will now reflect carefully on this ruling and review their broader legal approach to certain aspects of FOI compliance - and particularly those relating to the Hamilton inquiry.
“If Scotland’s FOI rights are to remain robust, effective and valued, the timescales for both the provision of information and compliance with my rulings must be respected by every public authority.
“People make FOI requests when the information they seek is important to them, and any inappropriate delay is a direct denial of their rights. We must work to ensure that this does not happen again.”
Mr Hamilton said the diversion of resources from his office had caused the most damage.
“I only have 11 investigators and have had an 83 per cent increase in new appeals in the last year,” he told The Scotsman. “I can’t get their time on this case back.”
Scottish Labour deputy leader Jackie Baillie said "This bombshell ruling is yet another shameful episode from this scandal-hit SNP government.”
She added: “John Swinney and the SNP are mired in sleaze and convinced the rules don’t apply to them.
“It’s time for the SNP to end the secrecy, respect the law and start delivering the transparency Scots deserve.”
Conservative MSP Stephen Kerr said: “This ruling is a damning indictment of the culture of secrecy that lies at the heart of the SNP.
“Freedom of Information laws are there to protect the public’s right to know, yet the Nationalist government repeatedly failed to comply with the Commissioner’s decision and deadlines.
“John Swinney, who has been a central figure in the SNP for 20 years, should be ashamed that he leads a party that evades scrutiny and accountability at every turn.”
A Scottish government spokesperson said: “The material required to be released under the Information Commissioner’s decision notice was published on 24 February.
“As Scottish ministers set out to Parliament, they have to balance their obligations under freedom of information legislation and the need to avoid identification of alleged victims in cases of sexual assault. We acknowledge and respect the ruling in this case and will consider it in detail.”
Comments
Want to join the conversation? Please or to comment on this article.