SNP faces scrutiny over transparency in Salmond inquiry documents

The Scottish Information Commissioner, David Hamilton, ordered ministers to release some evidence from the James Hamilton review after a 2021 freedom of information request and has warned he will seek a court order if the Scottish Government does not comply.

David Hamilton, the Scottish Information Commissioner appointed in 2023, has ordered the Scottish Government to release some evidence submitted to the James Hamilton review of the Alex Salmond affair. The order followed a freedom of information request made in 2021 by Benjamin Harrop seeking documents connected to the ministerial code inquiry. The government had declined the request on the grounds that material prepared for an independent reviewer was not 'held' by ministers. Ministers have said they will comply with the commissioner's decision but have not yet handed over the papers, and Hamilton has warned he will go to the Court of Session if they miss his deadline. Key facts: - The freedom of information request was submitted in 2021 by Benjamin Harrop and concerned documents linked to the ministerial code inquiry into the Alex Salmond affair. - The Scottish Government refused the request on the basis that the James Hamilton review was independent and its material was not 'held' for the purposes of the Freedom of Information (Scotland) Act. - In November the Information Commissioner ordered ministers to disclose some of the evidence submitted to James Hamilton. - The government has said it will comply with the commissioner's order but has not yet released the documents. - David Hamilton has given ministers a deadline and warned he will apply to the Court of Session if they do not hand over the papers. Summary: The dispute highlights tensions about disclosure of material from high-profile inquiries and how claims to protect anonymity are weighed against freedom of information. The immediate next step is the commissioner's potential court application if ministers do not produce the documents by his deadline, with court enforcement noted as a possible outcome.