Nearly two decades after first winning power in Holyrood on a pledge of openness, the Scottish National Party is embroiled in a fresh controversy over secrecy. The Scottish Government has launched a costly legal challenge to prevent the publication of evidence gathered during an inquiry into former First Minister Nicola Sturgeon's handling of sexual misconduct allegations against her predecessor, Alex Salmond.
A Costly Battle Against Transparency
First Minister John Swinney has authorised an appeal against a ruling by Scotland's information commissioner, David Hamilton. Last year, Mr Hamilton ordered ministers to release information concerning Ms Sturgeon's conduct during the internal government probe into the claims against Mr Salmond. Rather than comply, the SNP administration is set to spend tens of thousands of pounds of public money fighting the order 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 allegations of serious misconduct, including sexual assault. The Scottish Government initiated its own investigation, which Mr Salmond successfully challenged. In 2019, a court ruled the probe had been unlawful on procedural grounds, awarding Mr Salmond over £500,000 in costs.
The Hamilton Inquiry and Continued Secrecy
Under pressure, Nicola Sturgeon referred herself to the 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 deliberate. Following the report's publication, a Freedom of Information request was made for all written evidence from that inquiry.
The government's resistance was immediate. It first argued the independent adviser was not subject to FOI law. Information Commissioner David Hamilton rejected this, ordering a review. Ministers then launched a legal challenge, which was dismissed by the Court of Session. While some information was released in January 2024, much was withheld. The commissioner later ruled the government had been "wrongly withholding" information and criticised its handling as "particularly disappointing".
Deep Divisions and Public Outcry
This latest legal move has exposed profound rifts within the Scottish independence movement and drawn condemnation from senior SNP figures. Former health secretary Alex Neil called the behaviour "disgraceful", stating it was clear the party had "a lot to hide". Former SNP MP Joanna Cherry KC noted the truth would be difficult for both Mr Swinney and Ms Sturgeon, lambasting the use of "public money... our money" to fund the defence.
The controversy ensures that Alex Salmond, who died in 2024, remains a deeply divisive figure. One faction remains loyal to Ms Sturgeon and the party's handling of the complaints. Another believes Mr Salmond was the victim of a conspiracy by former allies and civil servants. The reality is likely more nuanced, with evidence suggesting rumours about Mr Salmond's conduct were an open secret for years before formal complaints emerged.
The Scottish Government's persistent efforts to block disclosure mean the full details are unlikely to emerge before May's Holyrood elections. If eventually released, the suppressed information is less likely to reveal a conspiracy against Alex Salmond, and more likely to show a prolonged cover-up of his indefensible behaviour by the party that once promised a new politics of transparency.
