The Scottish Government has been criticised for its handling of the release of documents related to the so-called Salmond files, with the Information Commissioner describing the process as 'shambolic'. David Hamilton, the commissioner, said the length of time taken to produce the information was 'ridiculous' and that it could not have been done in a 'more inefficient and impractical way'.
Court Admonishment
The Scottish Government was admonished by the Court of Session on Wednesday for failing to respond to an order from the Information Commissioner in time. Hamilton had ordered ministers to release information relating to the Hamilton Inquiry, a probe launched by former First Minister Nicola Sturgeon into whether she had breached the ministerial code regarding the Holyrood inquiry into her predecessor, Alex Salmond.
Salmond, who died in 2024, had been accused of sexual harassment by two civil servants, but a judge ruled the investigation was 'tainted by apparent bias' and awarded him more than £500,000 in damages. A freedom of information request was filed by campaigner Benjamin Harrop concerning the Hamilton probe, but the government never fully complied despite repeated calls from Hamilton.
Complexity 'Over-egged'
Speaking on BBC Radio Scotland's Breakfast programme on Thursday, Hamilton said the complexity of the documents had been 'over-egged' and that they could have been provided sooner. 'I know these documents inside out now because I've dealt with so many cases. This work should have been done already because it's been done for other elements of the case,' he said.
He noted that work did not start until at least a month after it was meant to, and initial submissions claimed it would take 44 hours. 'The fact that it took them in total nearly 12 weeks is just absolutely ridiculous and you couldn't have done this exercise in a more inefficient and impractical way,' Hamilton added.
Duplications and Inconsistencies
Hamilton criticised the released information, describing it as 'full of duplications, full of inconsistencies, things done in different ways'. He said it was 'an exercise on how not to release information that is sensitive'. The final version released was the fourth iteration, which he called 'absolutely shambolic'. Given the size of the Scottish Government, he argued the task should have been completed easily within the deadline.
First Minister John Swinney had previously stated that the files could not be released in their entirety due to fears of identifying complainers in the later criminal trial against Salmond, in which he was acquitted of all charges. The order was eventually complied with on February 24 of this year, more than a month after the January 15 deadline set by the commissioner.
Contempt of the Commissioner
In her ruling, Judge Lady Poole wrote that failure to comply in time was not contempt of court but 'contempt of the commissioner', allowing the court to invoke powers available in relation to contempt of court. Hamilton described the admonishment as 'highly embarrassing' for the Scottish Government.
A Scottish Government spokesperson previously said: 'The material required to be released under the Information Commissioner's Decision Notice was published on February 24. As Scottish ministers set out to Parliament, they have to balance their obligations under Freedom of Information legislation and the need to avoid identification of alleged victims in cases of sexual assault. We acknowledge and respect the ruling in this case and will consider it in detail.'
