Scottish ministers lose attraction in opposition to disclosure of Nicola Sturgeon inquiry proof
Evidence gathered in an investigation into whether or not Nicola Sturgeon breached the ministerial code shouldn’t be saved personal, judges have dominated.
They rejected an attraction from Scottish ministers for the knowledge to remain beneath wraps.
Lord President of the Court of Session, Colin Sutherland, mentioned the courtroom was “satisfied” that ministers are ready to offer the proof sought.
The ruling got here after James Mure KC had argued any written proof gathered by an impartial adviser tasked to analyze the previous first minister ought to be saved personal in response to a problem from the Scottish Information Commissioner (SIC).
In January, the physique dominated ministers have been unsuitable to state the knowledge requested by Benjamin Harrop utilizing freedom of data laws was not “held” by them and instructed them to hold out a overview of their response.
Ms Sturgeon referred herself to impartial adviser James Hamilton in 2019 over issues she didn’t document conferences and cellphone calls she had with predecessor Alex Salmond and his former chief of workers after he was the topic of complaints from two civil servants.
Mr Hamilton investigated and issued a report in March 2021 during which he said Ms Sturgeon didn’t breach the code.
Mr Harrop requested Scottish ministers a fortnight later to be supplied with all written proof gathered by Mr Hamilton throughout his probe.
They declined at hand over the knowledge on two events, prompting Mr Harrop to hunt a overview by the SIC.
Ministers then appealed in opposition to the SIC’s ruling that there ought to be a overview of their preliminary responses, arguing the commissioner was “too technical” in his method to the phrase “held”.
They additionally claimed any disclosure of the written proof can be detrimental to Mr Hamilton’s independence as an adviser.
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Mr Mure instructed judges on Wednesday the Scottish authorities saved info gathered by Mr Hamilton “purely on his behalf” and solely his last report was ever meant to be revealed.
Mr Mure instructed the courtroom “the information is held on behalf of Mr Hamilton, that the ministers have no control over it, and it remains either stored by Mr Hamilton or stored on his behalf in a government IT system. It remains in the control of Mr Hamilton”.
David Johnston KC, for the SIC, recommended ministers arguing info was not held or couldn’t be offered as a result of it was within the arms of others may have a dangerous impact on transparency in future.
He mentioned: “If that is a valid restriction, it clearly undermines the efficacy of the Freedom of Information Scotland Act. It would be a major inroad on freedom of information.”