Judges throw out bid to withhold Nicola Sturgeon inquiry evidence

By Bill Heaney

BBC Scotland is reporting that judges have thrown out a bid by the Scottish government to prevent the publication of details about an inquiry into whether Nicola Sturgeon broke the ministerial code.

Ministers insisted they did not hold the information after receiving a freedom of information (FOI) request.

Judges in the Court of Session in Edinburgh, pictured top of page, rejected this argument.

It sided with the Information Commissioner, which said this was a “wholly unrealistic” position.

The government must now reconsider the FOI request, made by a member of the public.

The case relates to an inquiry by the independent adviser on the ministerial code – Irish lawyer James Hamilton, RIGHT.

In 2021, he considered whether former first minister Ms Sturgeon misled MSPs about when she met Alex Salmond’s chief of staff in the aftermath of harassment allegations made against Mr Salmond.

Mr Salmond had been cleared of sexual assault charges at a criminal trial.

Mr Hamilton cleared Ms Sturgeon of breaching the ministerial code, but expressed frustration that his report had been heavily redacted.

A member of the public later submitted an FOI to ask the Scottish government to publish all the evidence gathered by Mr Hamilton.

The government rejected the request because it said it did not hold that information, sparking an appeal to the Information Commissioner.

The commissioner found ministers had been wrong to reject the request and in a highly unusual move, the government appealed the ruling to the Court of Session.

Scottish Labour deputy leader Jackie Baillie, LEFT,  said: “It is right that this pathetic attempt to pass the buck on the Scottish Government’s complicity in the misconduct of Nicola Sturgeon has been thrown out of court.

“No government that is supposedly committed to transparency should be using taxpayers money fighting against the Information Commissioner and the Court of Session to protect its reputation.”