John Swinney humiliated as judge finds Scottish Government to be 'in contempt'... of its OWN info watchdog

By GRAHAM GRANT, SCOTTISH HOME AFFAIRS EDITOR Published: 20:12, 3 June 2026 | Updated: 20:12, 3 June 2026 Ministers flouted their own freedom of information laws after delaying the publication of files relating to the Alex Salmond sex scandal, a judge has ruled. The Scottish Government was admonished by the Court of Session, Scotland’s highest civil court - effectively a judicial warning - for failing to respond to an order from the Information Commissioner in time. It means taxpayers face an estimated legal bill of at least £50,000 after a judge ruled the government had been in ‘contempt of the Commissioner’, David Hamilton. Mr Hamilton had ordered ministers to release information relating to the Hamilton Inquiry – a probe launched by Nicola Sturgeon into whether she had breached the ministerial code in relation to the Holyrood inquiry into her predecessor Alex Salmond. Mr Salmond – who died in 2024 – had been accused of sexual harassment by two civil servants, but the investigation into the allegations had been ‘tainted by apparent bias’ according to a judge, who awarded him more than £500,000 in damages. Scottish Tory justice spokesman Stephen Kerr said the ruling was a ‘damning indictment’ of the SNP government. David Hamilton, the Scottish Information Commissioner He said: ‘Freedom of information (FOI) laws are there to protect the public’s right to know, yet the Nationalist Government repeatedly failed to comply with the Commissioner’s decision and deadlines. ‘John Swinney, who has been a central figure in the SNP for 20 years, should be ashamed that he leads a party that evades scrutiny and accountability at every turn.’ An FOI request was filed by campaigner Benjamin Harrop in relation to the Hamilton probe, but never fully complied with by the Government, despite repeated calls for it to do so by Mr Hamilton. For the first time in the history of the post, Mr Hamilton took the Scottish Government to court, with ministers being admonished by the Court of Session. The order was complied with on February 24 of this year, more than a month after the January 15 deadline set by the Commissioner. In a 28-page ruling, Judge Lady Poole said: ‘Having balanced all of the considerations relevant to sanction in this case, the court finds the appropriate response to the failures of the Scottish ministers is admonition, together with an adverse award of expenses on an indemnity basis. ‘The Scottish ministers are admonished for their failures to comply until February 24, 2026, with the parts of the notice that required steps to be taken by them by January 15, 2026.’ The files related to the late Alex Salmond, the former First Minister The Government will have to pay the Commissioner’s legal fees with the total cost to the taxpayer estimated at more than £50,000. Lady Poole said failure to comply in time was not contempt of court, but ‘contempt of the commissioner’, allowing the court to ‘invoke powers available to it in relation to contempt of court’. The failure also ‘showed a lack of proper respect’ for the Commissioner. At the time, Mr Swinney said the files could not be released in their entirety over fears they could identify complainers in the later criminal trial against Mr Salmond – in which he was cleared of all charges – which would violate a court order and could also be considered contempt. Mr Hamilton welcomed the decision, adding: ‘This was the first time in more than 20 years of FOI that a Commissioner has had to refer non-compliance with one of their decisions to the court. ‘It was not a step taken lightly, and was all the more disappointing given that Scottish ministers have a role in making the law and an assumed respect for the rule of law. ‘Failing to comply with my decisions undermines the fundamental principles of FOI and damages the information rights of individuals.’ He said: ‘People make FOI requests when the information they seek is important to them, and any inappropriate delay is a direct denial of their rights. We must work to ensure that this does not happen again.’ Scottish Labour deputy leader Dame Jackie Baillie said the ‘bombshell’ ruling is ‘another shameful episode from this scandal-hit SNP Government’. She added: ‘Time and time again we see the same culture of secrecy and cover-up from John Swinney and the SNP – from illegally ignoring the FOI commissioner to dodging a parliamentary inquiry into the embezzlement scandal.’ Lib Dem MSP Willie Rennie said the judgment was a ‘scathing takedown of arrogant ministers’. A Scottish Government spokesman said: ‘The material required to be released under the Information Commissioner’s decision notice was published on February 24. ‘As Scottish ministers set out to parliament, they have to balance their obligations under Freedom of Information legislation and the need to avoid identification of alleged victims in cases of sexual assault. ‘We acknowledge and respect the ruling in this case and will consider it in detail.’ No comments have so far been submitted. Why not be the first to send us your thoughts, or debate this issue live on our message boards. By posting your comment you agree to our house rules. 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