Court rules Information Commissioner erred over Salmond files

Summarised from 2 outlets · Updated 30 Oct, 23:20 · Archive

A court has ruled that the Scottish Information Commissioner erred in law by ordering ministers to release material relating to the Hamilton Inquiry into Alex Salmond.

The Court of Session has ruled that Information Commissioner David Hamilton erred in law when he ordered Scottish Government ministers to release exempted material relating to the Hamilton Inquiry. The Inquiry was a probe launched by then first minister Nicola Sturgeon into whether she had breached the ministerial code in relation to the Holyrood inquiry into her predecessor Alex Salmond.

Ministers appealed against the Commissioner's order, arguing that disclosure of the material could identify complainers in the later criminal trial against Salmond, in which he was cleared of all charges. They said releasing the information would violate a court order and could also constitute contempt of court.

Lawyers for the Information Commissioner had argued that while the material could 'permit assumptions' regarding the identity of complainants, it would not allow for 'confirmation or refutation of such assumptions'. However, a three-judge panel at the Court of Session rejected this argument in a ruling issued on Friday. The judges said it is 'sufficient for a breach of the orders if disclosure of the information would produce a real or substantial risk of identification'.

Salmond, who died in 2024, had been accused of sexual harassment by two civil servants. A judge found the investigation into the allegations had been 'tainted by apparent bias' and awarded him more than £500,000 in damages.

How it is being reported

• Information Commissioner 'erred in law' when ordering ScotGov to disclose 'Salmond Files'The Court of Session appeal judges backed ministers in their appeal that they shouldn't have to release information relating to the Hamilton Inquiry.Daily Record · 30 Oct, 22:40
• Information Commissioner ‘erred in law’ with demand to release Salmond filesThe Scottish Information Commissioner “erred in law” when he ordered ministers to disclose exempted material relating to the so-called Salmond files, a court has ruled.The National · 30 Oct, 12:25

In this story: Alex Salmond · Nicola Sturgeon · David Hamilton · Scottish Government · Court of Session · Information Commissioner

This summary was written by AI from the headlines and standfirsts above, and states as fact only what at least two outlets report. How we use AI · Report a problem · Corrections log