Judges have dismissed a Scottish government attempt to prevent the publication of details from an inquiry into whether Nicola Sturgeon breached the ministerial code. The Court of Session ruled that the government does hold the evidence gathered by independent advisor James Hamilton, contrary to its claims.
The case stems from a freedom of information request by a member of the public seeking all evidence collected by Hamilton during his 2021 investigation. Hamilton had cleared Sturgeon of misleading MSPs about her meeting with Alex Salmond's chief of staff, but his report was heavily redacted.
The Scottish government initially rejected the FOI request, arguing it did not hold the information. The Information Commissioner disagreed, calling the position 'wholly unrealistic,' and ordered a reconsideration. The government then appealed to the Court of Session, a highly unusual step.
During the hearing, James Mure KC for the government argued that evidence was held 'on behalf' of Hamilton, not ministers. However, David Johnston KC for the Information Commissioner countered that the information was created for ministers and held within government systems. Lord Carloway, delivering the ruling, stated the court was satisfied the information was held by ministers and refused the appeal.
The dispute is part of a long-running feud between Sturgeon and her predecessor Alex Salmond, who was cleared of sexual assault charges in 2020. Salmond recently launched a fresh legal case alleging misfeasance by civil servants involved in handling harassment complaints against him.
