NextFin news, the Scottish Government has been officially found to have wrongfully withheld written evidence pertaining to an inquiry investigating whether former First Minister Nicola Sturgeon breached the ministerial code. The decision was made by the Scottish Information Commissioner, David Hamilton, on November 28, 2025, in Edinburgh, Scotland. The probe centers around allegations linked to Sturgeon's conduct during her tenure, particularly regarding interactions with her predecessor, the late Alex Salmond, involving harassment claims.
Initially, the Scottish Government refrained from releasing certain documents used in the investigation, asserting that since independent adviser James Hamilton KC, who cleared Sturgeon in March 2021, was not subject to Freedom of Information (FoI) legislation, the documents themselves were exempt. However, following interventions by the Information Commissioner and a rejected ministerial appeal at the Court of Session, the government was compelled to reconsider its stance.
Despite some disclosures in early 2024, the Commissioner’s recent ruling uncovered significant failures, including incorrect interpretation of FoI request scope and inappropriate invocation of exemptions to withhold information. Mr. Hamilton strongly criticized the Scottish Government’s handling, attributing detection of these failures to the diligence of his staff, describing the situation as "particularly disappointing" despite no evidence of impropriety. Moreover, he cautioned ministers to urgently implement measures to prevent recurrence of such lapses.
This judgment emerges amid a protracted battle for transparency over documentation related to the inquiry and the politically fraught context surrounding the Salmond harassment allegations. Independent MSP Fergus Ewing condemned the government’s approach, emphasizing that hundreds of thousands of pounds in taxpayer money have been spent to obstruct disclosure, thereby undermining the First Minister’s credibility on openness and transparency commitments.
Analyzing the root causes, the government’s mishandling reflects an institutional reluctance to fully expose politically sensitive material, particularly in high-profile scandals involving top officials. The initial legal and procedural resistance to FoI disclosure has compounded public mistrust, demonstrating governance vulnerabilities in balancing confidentiality with accountability. The complexity of this case, underscored by protracted legal challenges and partial releases over multiple years, signals systemic deficiencies in the administration of transparency mechanisms within Scottish governmental bodies.
From a political risk perspective, such findings are potentially damaging for the ruling coalition led by First Minister John Swinney, especially with Scotland's ongoing constitutional debates and the imperative for government openness in democratic societies. It raises serious questions about internal compliance with statutory reporting obligations and raises the specter of legal consequences should the government fail future information notices, as pointed out by the Commissioner.
Looking forward, this ruling likely indicates a pivot toward more stringent scrutiny of government information handling practices. The Commissioner’s warning about judicial recourse for future failures signals increased regulatory rigor. If the Scottish Government fails to demonstrate swift corrective action, it risks deepening political fallout, damaging the public’s trust and complicating relations with the UK government under President Donald Trump’s administration, which may view the controversies through a wider geopolitical lens.
In the broader context, this episode underscores the challenges governments face globally in managing transparency amid politically sensitive probes into former leaders. Data from transparency indexes show that jurisdictions with entrenched opacity often experience greater institutional distrust and weaker governance outcomes. Scotland’s experience could catalyze reforms enhancing FoI frameworks, improving government accountability and restoring confidence among stakeholders.
In conclusion, while Nicola Sturgeon was cleared of ministerial misconduct in 2021, the government's mishandling of evidence disclosure risks overshadowing these findings. Transparency failures erode democratic legitimacy and threaten institutional integrity. The directive by the Scottish Information Commissioner to disclose withheld documents is a pivotal step, demanding urgent action to reinforce compliance culture and transparency standards within Scotland’s governance structures.
According to the authoritative report from the Scottish Information Commissioner, the legal and procedural missteps committed by the Scottish Government highlight a troubling pattern that necessitates systemic reform to align governance with public expectations and statutory obligations.
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