The Scottish government has made a firm commitment to release the long-awaited "Salmond files," yet it is steadfastly refusing to provide a specific timeline for their publication. This comes as the administration faces unprecedented legal action over significant delays in responding to freedom of information requests.
Legal Proceedings Initiated by Information Commissioner
David Hamilton, the Scottish Information Commissioner, has taken the extraordinary step of initiating court proceedings against the SNP-led government. This legal move follows a series of missed deadlines for producing documents related to an investigation into former First Minister Nicola Sturgeon.
The probe, conducted by James Hamilton KC, exonerated Ms Sturgeon of breaching the ministerial code during an inquiry into her predecessor, Alex Salmond, concerning harassment allegations. Despite this clearance, the Scottish government has been embroiled in a protracted freedom of information dispute over the release of associated documents.
Missed Deadlines and Court Action
In this ongoing FOI battle, the Scottish government was initially given until 15 January to comply with the request for document release. When this deadline passed without action, an extension was granted until 22 January, which ministers also failed to meet.
The commissioner's response has been decisive. He has instructed solicitors to begin legal proceedings at the Court of Session, marking an unprecedented escalation. This action could potentially see the government held in contempt of court, underscoring the seriousness of the situation.
Government's Stance and Complexities
At Holyrood, parliamentary business minister Graeme Dey addressed the issue, stating that First Minister John Swinney had "made clear" the government's intention to comply "as soon as possible." However, Mr Dey emphasised the complexities involved in the release process.
He highlighted that accelerated work is underway to review each document, with a primary focus on protecting the identities of complainers from Mr Salmond's criminal case. This is to prevent "jigsaw identification," where individuals could be identified through piecing together separate pieces of information.
Mr Dey explained, "Court orders make it clear that those who complain in relation to allegations of sexual assault must have their identities protected. We cannot release information which would breach those court orders and amount to a contempt of court."
Political Reactions and Election Concerns
The delay has sparked criticism from opposition parties. Scottish Labour MSP Katy Clark pointed out that the FOI request was originally made in October 2024, with the commissioner later ruling that the government had "wrongly" withheld some information.
Scottish Tory MSP Douglas Ross raised concerns about the timing, seeking reassurance that the files would be released before the Scottish parliament enters its purdah period ahead of this year's election. Mr Dey, however, would not commit to a specific date, warning that the government would face criticism if any set deadline were missed.
He stated, "The intention is to release that information as soon as is practical to do." Mr Dey firmly denied allegations that the government is deliberately delaying the release, adding, "I refute this absolutely, that this is a deliberate act to delay the release of this information. I could not have been clearer, that is not what is happening here."
The situation remains fluid, with the Scottish government balancing legal obligations, privacy concerns, and political pressures as it navigates this contentious issue.
