Scottish Information Commissioner's statement on Scottish Government disclosure of legal advice

Scottish Information Commissioner, David Hamilton's statement in response to the Scottish Government's recent disclosure of legal advice, complying with Decision 193/2024

“I welcome Scottish Government complying with my direction, albeit at the 11th hour.

We have now learnt that Scottish Ministers were advised that prospects of winning this appeal were "not strong" and indeed diminished as advice developed. It is therefore frustrating to know that my scarce resources were absorbed in an appeal that advisers pointed out was not the one to test the particular legal argument being deployed.

The applicant’s request for information to which this appeal related was delayed for two and a half years which is wholly unacceptable and as a result the substantive information initially requested still remains under investigation.

I will be corresponding with the Permanent Secretary to share these and further concerns.”

The Scottish Government's legal advice is published here (external link)

The Commissioner has published his own separate legal advice on this matter here.

Background information on the circumstances of this case is available here.

A statement providing further clarification in relation to this matter is published here.