Scottish government found in contempt over Salmond files

The Court of Session has formally found the Scottish government in contempt due to intentional delays in publishing the “Salmond files.” Despite being instructed on 1 December to begin redacting sensitive information, the government did not commence this process until after the Christmas period. This delay was part of a prolonged legal dispute involving a Freedom of Information (FOI) request for documents concerning the handling of complaints against former First Minister Alex Salmond.

Eventually, the government released the documents in February, following pressure from the information commissioner, David Hamilton. The court reprimanded the Scottish government for its failure to meet the deadlines and ordered the payment of legal costs to the commissioner. In response, a Scottish government spokesperson affirmed that the ruling had been “acknowledged and respected.” The files in question relate to an inquiry that examined whether Nicola Sturgeon had breached the ministerial code in her handling of complaints directed at Salmond, who had been cleared of sexual assault allegations in 2020.

Lady Poole, who delivered the written judgment, expressed serious concerns over the government’s conduct. She stated that the Scottish government “deliberately failed” to complete the redactions by the commissioner’s deadline and that their promise to comply “as soon as possible” demonstrated a “lack of respect” for the commissioner’s authority. Furthermore, Lady Poole noted the absence of an apology or admission of contempt from the government and highlighted that no steps had been taken to prevent such delays from occurring again. Although she recognized some explanations put forward by the government, including the complexity of the documents and court orders, she concluded these reasons did not justify the significant delay before the redaction process began.

David Hamilton remarked on the seriousness of the case, emphasizing that referring it to the Court of Session was a measure that had not been made lightly. He stressed that ignoring these decisions undermines the principles of FOI legislation and damages individuals’ rights to information. Hamilton expressed hope that Scottish ministers would carefully consider the ruling and reconsider their legal approach to compliance with FOI requests, particularly those related to the James Hamilton Inquiry. The Scottish government confirmed that they complied with the commissioner’s order on 24 February, acknowledging the need to balance transparency with protecting the identities of alleged victims in sensitive cases involving sexual assault

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