23 October 2024
Scottish Information Commissioner David Hamilton has today published his own legal advice received in relation to a 2023 FOI decision which was appealed to the Court of Session by the Scottish Government.
Decision 004/2023 found that information relating to James Hamilton's investigation into former first Minister Nicola Sturgeon under the Ministerial Code was held by the Scottish Government and should therefore be considered by it when responding to freedom of information (FOI) requests. The Court found in the Commissioner's favour in its December 2023 ruling.
The Commissioner subsequently considered a request for copies of the legal advice received by the Scottish Government in relation to its decision to bring the 2023 appeal. This request had been refused by the Scottish Government. In a September 2024 decision, the Commissioner found that this legal advice should be disclosed.
The decision requires that this information be disclosed by 26 October 2024. The Commissioner has received notification that the Scottish Government will comply with this decision.
The Commissioner's own legal advice received in relation to this case is published below.
The legal advice published below contains a small number of redactions of information. Where redactions occur, these relate to the name and job title of one official, and the supplier of the legal advice. Redactions have been made in order to prevent a breach of rights under the Data Protection Act 2018.
Read the legal advice received by the Commissioner in relation to this case.
