Full Breakdown
Scottish Government Found in Contempt Over Delayed FOI Release of Salmond Files
6/4/2026, 1:41:49 AM
Core Event: Court Ruling and Government Admonishment
The Court of Session ruled that the Scottish Government deliberately failed to meet the Scottish Information Commissioner’s deadlines for releasing documents related to the Hamilton inquiry – the “Salmond files”. Judge Lady Poole admonished the ministers, ordered payment of the commissioner’s legal expenses and warned that non-compliance would undermine the rule of law. The government finally complied on 24 February 2024, after missing the original 15 January deadline.
Background & Context: Hamilton Inquiry and Salmond Litigation
The Hamilton inquiry, led by lawyer James Hamilton, examined whether former First Minister Nicola Sturgeon breached the ministerial code in handling complaints against her predecessor Alex Salmond. Sturgeon was cleared in 2021. A Freedom of Information request by campaigner Benjamin Harrop sought internal communications and legal advice from the inquiry. The government initially refused, arguing the inquiry fell outside FOI scope, but the commissioner ordered disclosure. Salmond, who died in 2024, had previously sued the government over mishandling of harassment complaints and was awarded more than £500,000 in damages in 2020. After his estate entered sequestration, Glasgow musician Paul McManus funded the ongoing case.
Key Figures & Groups
- Nicola Sturgeon – former First Minister, cleared of breach.
- Alex Salmond – former First Minister, deceased 2024, plaintiff in related lawsuits.
- John Swinney – First Minister at the time of the ruling.
- David Hamilton – Scottish Information Commissioner.
- Lady Poole – Judge, Court of Session.
- James Hamilton – Lawyer who led the ministerial-code inquiry.
- Paul McManus – Drummer who financed the case.
- Jackie Baillie – Scottish Labour deputy leader, critic.
- Stephen Kerr – Scottish Conservative justice spokesman, critic.
Timeline of Deadlines and Legal Actions
- 1 Dec 2023 – Government told to begin redaction of documents.
- 15 Jan 2024 – Commissioner’s deadline missed.
- 16 Jan 2024 – Commissioner issued warning letter, set new deadline.
- 24 Feb 2024 – Government released redacted documents.
- Feb 2024 – Court of Session issued contempt ruling and admonishment.
Data & Statistics
Official Statements & Responses
- Government spokesperson: “We acknowledge and respect the ruling and will consider it in detail.”
- John Swinney: Delayed release was necessary to protect the identities of alleged victims in the criminal trial against Salmond.
- David Hamilton: “Failing to comply with my decisions undermines the fundamental principles of FOI and damages the information rights of individuals.”
- Lady Poole: The ministers “deliberately failed” to comply and showed a “lack of proper respect” for the commissioner’s role.
Criticism & Opposition
- Jackie Baillie (Labour): Described the ruling as “another shameful episode” and accused the SNP of a “culture of secrecy and cover-up.”
- Stephen Kerr (Conservatives): Called the decision a “damning indictment” and said John Swinney should be ashamed of evading scrutiny.
Verbatim Quotes
- “Failing to comply with my decisions undermines the fundamental principles of FOI and damages the information rights of individuals.” — David Hamilton, Scottish Information Commissioner
- “If Scotland’s FOI rights are to remain robust, effective and valued, the timescales for both the provision of information and compliance with my rulings must be respected by every public authority.” — David Hamilton
- “The Scottish ministers are admonished for their failures to comply until February 24 2026 with the parts of the notice that required steps to be taken by them by January 15 2026.” — Lady Poole, Judge
- “She added: “Time and time again we see the same culture of secrecy and cover-up from John Swinney and the SNP – from illegally ignoring the FOI commissioner to dodging a parliamentary inquiry into the embezzlement scandal.” — Jackie Baillie, Scottish Labour deputy leader
- “John Swinney, who has been a central figure in the SNP for 20 years, should be ashamed that he leads a party that evades scrutiny and accountability at every turn.” — Stephen Kerr, Scottish Conservative justice spokesman
What’s Next
The Scottish Government has said it will review its FOI compliance procedures in light of the ruling, a step that could shape future transparency obligations for public bodies across Scotland.
