Commissioner takes FOI appeal rejection over Salmond case files to Supreme Court

Scotland's Information Commissioner, David Hamilton, is appealing to the UK's Supreme Court to overturn a freedom of information ruling that allowed the Scottish Government to redact documents related to the inquiry into sexual harassment complaints against Alex Salmond. This marks the first-ever appeal to the UK's highest court by the Information Commissioner.

The case stems from freedom of information requests made by Ben Harrop in connection with the investigation into Nicola Sturgeon's breach of the ministerial code. In December 2023, Harrop filed a request seeking correspondence from the Scottish Government regarding a prior appeal to prevent the publication of information about the probe into Sturgeon.

While some information was released, the Government claimed legal privilege over certain documents, leading to a ruling by the Court of Session that they did not have to be disclosed. Hamilton stated that his decision to seek leave to appeal the ruling to the Supreme Court was not taken lightly, as he believes the Edinburgh court's decision contradicts the clear intention behind the FOI Act.

He emphasized the significant implications and risks to the public's right to access information, stating that it is in the public interest to challenge this ruling at the Supreme Court. Scottish Labour deputy leader Dame Jackie Baillie criticized the government's use of secrecy, stating that FOI laws provide much-needed accountability and the FOI commissioner has been a powerful advocate for transparency in public life.

She noted that this legal challenge could have significant implications for the disclosure of information, but added that the SNP Government should not need lengthy legal disputes to provide answers. She called for an end to the "culture of cover-up" created by the SNP and renewed commitment to openness and integrity in government. The Scottish Government has not yet commented on the matter.