Scottish Government facing legal action over Nicola Sturgeon inquiry evidence

The Scottish Government is facing legal action after missing two deadlines to release files from an investigation into former first minister Nicola Sturgeon.

Scotland’s information commissioner, David Hamilton, has instructed solicitors to begin proceedings against the Government at the Court of Session, warning ministers they risk being found in contempt of court.

The move follows the Government’s failure to comply with a December 2025 ruling ordering it to disclose material related to the 2021 investigation by senior counsel James Hamilton into Sturgeon’s handling of complaints made against her predecessor, the late Alex Salmond, during harassment allegations.

Mr Hamilton’s inquiry cleared Sturgeon of breaching the ministerial code in her dealings with the complaints process, which was later ruled unlawful by the courts.

Last November, the Information Commissioner ruled that the Scottish Government had wrongly withheld some of the evidence used during the investigation.

Sturgeon made complaints against her predecessor, the late Alex Salmond. STV News

The information commissioner told ministers they must release some of the information used in the investigation by January 15.

After ministers failed to meet that deadline, Mr Hamilton warned in writing that legal proceedings would follow if they had not complied by January 22.

The Government has now missed that second deadline, informing the commissioner of its decision only minutes before the cut-off.

In a statement issued on Friday, Mr Hamilton confirmed he had instructed his solicitors to begin formal court action.

He said full and timely compliance with Freedom of Information rulings was essential to maintaining public trust and accountability.

“This is the first time the Commissioner has reported a public authority to the Court of Session for non-compliance,” he said.

“Once certified, the court may investigate the matter and may treat failure to comply as contempt of court.”

The full statement read: “The Scottish Information Commissioner has instructed his solicitors to bring legal proceedings against the Scottish Government in the Court of Session.

“This follows a failure by the Scottish Government to provide evidence of compliance with a December 2025 decision requiring the Scottish Government to disclose some information relating to the James Hamilton Report into the conduct of former First Minister Nicola Sturgeon, and associated legal advice.

“Following the Scottish Government’s failure to comply with an initial deadline of January 15 2026, the Commissioner wrote to Ministers on January 16 to warn of legal action if the Scottish Government failed to comply by January 22, 2026.

“The Commissioner’s decision in this case requires the disclosure of some of the requested information, while also requiring the Scottish Government to issue a new response in relation to other information, which had been incorrectly withheld on cost grounds.

“The Commissioner notes that the full and timely compliance with his Decision Notices is a key element ensuring the effective operation of FOI in Scotland. He will not hesitate in exercising his power to refer non-compliance to the Court of Session in circumstances where an authority fails to comply.

“He has, therefore, instructed his solicitors to take the next steps in the certification process to the Court. This is the first time that the Commissioner has made such a report to the Court on non-compliance.

“Once certified, the Court may then investigate the matter, and may treat a failure to comply as contempt of court.”

The decision increases pressure on First Minister John Swinney, with opposition politicians accusing the Government of stonewalling and wasting public money on legal disputes.

On Thursday, the First Minister said the Government will respond to the commissioner “as soon as practically possible”, adding: “I do not expect this will take much longer.”

A Scottish Government spokesperson said: “The First Minister has said that the Scottish Government will comply with the Commissioner’s decision on this case as soon as possible.

“Court orders make it clear that the identities of those who complained in relation to allegations of sexual offences must be protected. We cannot publish information which would breach those court orders and amount to a contempt of court.

“Accelerated work is underway to consider each document for release. The assessment is complex given the need to avoid jigsaw identification.”

Scottish Labour Deputy Leader Jackie Baillie said “This unprecedented action shows John Swinney and the SNP are taking their culture of secrecy and cover-up to new levels.

“This arrogant SNP government thinks it is above the law.

“Not only are John Swinney and the SNP riding roughshod over transparency laws in order to protect their own reputations, but they are forcing taxpayers to pick up the bill.

“It is clearer than ever that there is a rotten culture of secrecy and cover-up at the heart of this SNP government.

“Scottish Labour will follow the law, release the documents and put an end to the SNP’s Secret Scotland.”

Scottish Conservative MSP Murdo Fraser said: “This unprecedented step from the information commissioner comes after the SNP have shamefully and repeatedly refused to comply with his deadlines for releasing these files.

“It sums up John Swinney’s approach to governing which is characterised by an addiction to secrecy and cover-up.

“They are clearly more interested in protecting their own reputation and squandering taxpayers’ money rather than doing the right thing.

“Now that their sleekit behaviour is resulting yet more legal action being taken against them, SNP ministers must finally confirm when these documents will be published.

“Otherwise Scots will only continue to wonder what the SNP have to hide in relation to the conduct of Nicola Sturgeon.”