The Scottish Government has been admonished by the Court of Session for failing to respond to an order from the Information Commissioner in time. The case relates to a freedom of information request filed by campaigner Benjamin Harrop concerning the Hamilton Inquiry, a probe launched by Nicola Sturgeon into whether she breached the ministerial code regarding the Holyrood inquiry into her predecessor Alex Salmond.
For the first time in the history of the post, Information Commissioner David Hamilton took the Scottish Government to court. The order was complied with on February 24, more than a month after the January 15 deadline. In a 28-page ruling, Judge Lady Poole stated that the failure showed a lack of proper respect for the commissioner and was contempt of the commissioner, though not contempt of court.
The Government will also have to pay the commissioner's legal fees. At the time, First Minister John Swinney said the files could not be released in full over fears they could identify complainers in the later criminal trial against Mr Salmond, in which he was cleared of all charges. Mr Hamilton welcomed the decision, saying it was not taken lightly and that failing to comply undermines the fundamental principles of FOI.
Scottish Labour deputy leader Dame Jackie Baillie called the ruling a bombshell and another shameful episode from the scandal-hit SNP Government. Scottish Conservative justice spokesman Stephen Kerr described it as a damning indictment. The ruling marks a significant moment in FOI history, with the commissioner urging all public authorities to respect timescales for compliance.
