Nearly two decades after first winning power in Holyrood, the Scottish National Party stands accused of abandoning its founding principles of transparency and integrity. The party, which rose to prominence by criticising Scottish Labour's cronyism, is now embroiled in a costly legal battle to suppress evidence related to one of the most damaging episodes in modern Scottish politics.
A Costly Legal Challenge Against Transparency
Last week, it was revealed that First Minister John Swinney has authorised a fresh appeal against an order to release evidence gathered during an investigation into former First Minister Nicola Sturgeon's conduct. The probe centred on her handling of sexual misconduct allegations against her predecessor, the late Alex Salmond. Scotland's information commissioner, David Hamilton, ruled in 2023 that the government must release the information. Instead of complying, the SNP administration is preparing to spend tens of thousands of pounds of public money fighting the ruling in court.
The saga has its roots in 2018, when several women who worked under Alex Salmond during his tenure as First Minister from 2007 to 2014 came forward with serious allegations, including sexual assault and attempted rape. While Salmond was acquitted of all criminal charges in a 2020 trial, a separate Scottish Government investigation into the claims was ruled unlawful in 2019 on procedural grounds. This resulted in a £500,000 payout to Salmond and fuelled his assertions of a political conspiracy against him.
The Hamilton Inquiry and a 'Genuine Failure of Recollection'
Under pressure, Nicola Sturgeon referred herself to the Scottish Government's independent adviser on the ministerial code, James Hamilton KC. His 2021 report concluded that Ms Sturgeon had misled the Scottish Parliament about her knowledge of the allegations, but deemed this a 'genuine failure of recollection' rather than a deliberate act. Following the report's publication, a Freedom of Information request was made for all written evidence used in the Hamilton inquiry, triggering years of government resistance.
Ministers initially argued that James Hamilton, as an independent adviser, was not subject to FOI law. Information Commissioner David Hamilton rejected this. After a failed legal challenge by the government, some information was released in January 2024, but much was withheld. The commissioner criticised the government's handling as 'particularly disappointing' and stated it was 'wrongly withholding' information.
Deepening Rifts and Public Outcry
The latest appeal has exposed profound fractures within the SNP and the wider independence movement. Former SNP health secretary Alex Neil called the behaviour 'disgraceful', suggesting the party has 'a lot to hide'. Ex-SNP MP Joanna Cherry KC noted the legal fight was being bankrolled by taxpayers and warned the truth would be 'difficult' for both Swinney and Sturgeon.
The controversy ensures that Alex Salmond remains a divisive figure even after his death in 2024. The movement is split between those loyal to Sturgeon, who believe she acted with integrity, and Salmond's supporters, who maintain he was the victim of a malicious plot by SNP figures and civil servants.
Journalistic investigations prior to Salmond's trial had long hinted at concerns over his conduct, including claims that female staff were advised not to be alone with him at Bute House—allegations later substantiated in court. The government's ongoing efforts to block evidence mean the full details are unlikely to emerge before May's Holyrood elections. If and when they do, they may reveal not a conspiracy against Salmond, but rather a years-long cover-up designed to protect the party from scandal.
