Overview
- The government has lodged a Court of Session appeal against the Scottish Information Commissioner’s decision requiring disclosure of written evidence from the Hamilton investigation.
- Information Commissioner David Hamilton ruled in November that officials had wrongly withheld material tied to the ministerial‑code inquiry into Nicola Sturgeon.
- Ministers argue the commissioner erred in law and say releasing the records could breach court orders and amount to contempt of court.
- The dispute stems from a FOI request for all written evidence used by James Hamilton KC’s 2021 inquiry, which cleared Sturgeon of breaching the code, with partial disclosures made in January 2024.
- The watchdog criticised the government’s handling, noting failures to interpret the request’s scope and identify exemptions, and had ordered release by Monday, drawing fresh political criticism over the appeal and public costs.