Scottish Government found in contempt over Salmond files

The Scottish Government has been found in contempt of court for deliberately delaying the publication of files relating to an investigation into whether former first minister Nicola Sturgeon broke the ministerial code.

The Court of Session examined whether Scottish ministers failed to comply with a legally binding order from the Scottish Information Commissioner over a freedom of information (FOI) request.

The case stems from a request for communications linked to the investigation into Sturgeon and her handling of the inquiry into the behaviour of her predecessor Alex Salmond.

Sturgeon was cleared of breaching the ministerial code.

Ministers had released some material but withheld other information, citing exemptions under FOI law.

But Scotland’s information watchdog ordered ministers to disclose additional information and respond fully.

The court found that the government didn’t start redacting the documents until after Christmas, despite being ordered to do so on December 1, 2025.

The government missed the deadline of mid-January 2026 and only released the documents in February.

Ministers argued the delay was due to the need to carefully redact material to protect the anonymity of complainers linked to the Salmond case.

When the government missed the deadline, the Information Commissioner referred the matter to the Court of Session.

The court ruled that it was appropriate to investigate whether there had been a failure to comply with the Commissioner’s ruling.

In her ruling, judge Lady Poole concluded that ministers “deliberately failed” to comply with the order within the required timescale.

She said the government had shown a “lack of respect” for the Commissioner and hadn’t apologised.

The court held that the failure justified treating the matter as though it were a contempt of court, reflecting the seriousness of non-compliance.

Lady Poole admonished the government and ordered it to pay the information watchdog’s legal fees.