SCOTLAND'S Information Commissioner is appealing to the UK’s highest court for the first time in a bid to overturn a freedom of information (FOI) ruling which allowed the Scottish Government to redact documents.
It is the latest in a string of legal actions taken as a result of FOI requests filed by campaigner Benjamin Harrop in relation to the inquiry into the handling of sexual harassment complaints against Alex Salmond, and the subsequent investigation into allegations Nicola Sturgeon breached the ministerial code.
In December 2023, Harrop made a request seeking correspondence from the Scottish Government about a previous appeal made in a bid to resist publishing information about the probe into Sturgeon – which ultimately found she had not broken ministerial rules.
While some information was divulged, the Government claimed legal privilege over some of the correspondence, with the Court of Session eventually ruling those did not have to be disclosed.
The Information Commissioner said on Thursday he was seeking leave to appeal the ruling to the UK Supreme Court, claiming the Edinburgh court made the wrong decision.
“My decision to seek leave to appeal this ruling to the Supreme Court has not been taken lightly,” David Hamilton said.
“It is my view that this ruling runs contrary to the Parliament’s clear intention behind the FOI Act.
“There are significant implications and risks placed on the public’s right to access information because of this ruling – it is therefore clearly in the public interest that I seek to challenge this at the Supreme Court.”
Harrop wrote on social media: "We are going to the UK Supreme Court! As confirmed by [the Information Commissioner] this is the first time this has happened!
"I think there were some cases taken by the House of Lords before the Supreme Court was set up, but this is certainly going to be very interesting!"
Scottish Labour deputy leader Jackie Baillie accused the Scottish Government of often operating “under a cloak of secrecy”.
She said: “Freedom of information laws provide much-needed accountability in that context and the FOI commissioner has been a powerful champion for transparency in public life.
“This legal challenge could have significant implications for the disclosure of information.
“However, it should not take lengthy legal disputes to get answers from the SNP Government."
The Scottish Government has been contacted for comment.
