Watchdog rebukes SNP Government after legal battles over Nicola Sturgeon evidence

The Scottish Information Commissioner has formally rebuked the Scottish Government for deliberately obstructing the release of legal advice received prior to appealing a previous transparency ruling. By attempting to withhold this information and delaying disclosure, ministers frustrated the rights of those seeking access under freedom of information laws. The Commissioner highlighted that internal advice had already indicated the government’s chances of winning were significantly diminished, suggesting the prolonged secrecy was a strategic tactic rather than a legitimate legal defense. This conflict centers on the ongoing scrutiny of the James Hamilton report, which investigated allegations regarding former First Minister Nicola Sturgeon. The government initially contested the publication of evidence related to this inquiry, claiming independence exemptions, but was ordered to comply. The subsequent attempts to appeal the decision and block related legal correspondence reveal a pattern of resisting oversight. The Commissioner criticized the government’s public statements for misleadingly portraying their case as robust when internal assessments suggested otherwise. This situation is critically relevant to open data advocates as it underscores the fragility of transparency mechanisms when political institutions prioritize secrecy. It demonstrates how authorities may exploit legal appeals to delay accountability, even when the substantive justification for withholding information is weak. The ruling reinforces the necessity of strict adherence to the spirit of information laws, warning that deliberate obstruction carries reputational and regulatory costs. Ultimately, it highlights the ongoing tension between governmental discretion and the public’s right to know, emphasizing that openness must be upheld as a fundamental democratic principle rather than a negotiable concession.

Source: thenational.scot
Published on 2024-12-17

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