The SNP Government has come under fire for its resistance to a Freedom of Information (FOI) request regarding Nicola Sturgeon’s behaviour during the Alex Salmond inquiry. The Scottish Information Commissioner has rebuked SNP ministers for their attempts to block the release of the legal advice they received. Initially, a request was made for information related to the investigation by James Hamilton KC into Sturgeon’s conduct, which was denied. After an appeal, the Information Commissioner instructed the Government to disclose the documents. Subsequently, the Government challenged this decision in the Court of Session, leading to a loss in the case. Despite this, another FOI request was made for the legal advice regarding the appeal decision, and once again, the Commissioner mandated the release of the documents.
On October 26, the Government published advice from May 2023, indicating that despite counsel advising that the court was likely to reject the appeal, the Government persisted with it. The legal department maintained that there were valid arguments supporting the ministers’ stance. Following this disclosure, the Information Commissioner, David Hamilton, condemned the Government’s handling of the situation, particularly critiquing the accompanying media statement which he believed misrepresented the facts. He highlighted that the Government’s chances of success diminished over time and expressed disappointment in the lack of transparency.
In response, a spokesperson for the Scottish Government referenced a statement made by First Minister John Swinney on October 29, where he defended the decision to challenge the Information Commissioner’s ruling in court. Swinney asserted that the legal advice supported the court challenge, countering allegations that the ministers acted against legal guidance. The ongoing saga has raised concerns about transparency and accountability within the SNP Government.
Insights:
The clash over the release of legal advice reflects a broader tension between transparency and governmental confidentiality. The scrutiny surrounding Nicola Sturgeon’s conduct and the Government’s handling of legal matters highlights the importance of upholding principles of accountability in public office. The role of the Information Commissioner as a watchdog for FOI requests underscores the significance of maintaining a balance between governmental transparency and the need to protect sensitive information. Ultimately, the outcome of this episode may have implications for future requests for information and the public’s trust in political leaders.