Pressure on John Swinney to make statement after Information Commissioner rebuke

First Minister John Swinney is facing calls to make a parliamentary statement after the government received a rebuke from the Scottish Information Commissioner.

Scottish Labour called on Swinney to explain his role after the commissioner wrote a letter to John Paul Marks, the country's most senior civil servant. 

David Hamilton said there were “factual discrepancies” by ministers in the handling of the release of documents relating to a probe into whether or not Nicola Sturgeon broke the ministerial code. 

A Scottish Government bid to withhold documents relating to advice from legal experts was thrown out by the Court of Session in December 2023. 

The case cost the public purse tens of thousands of pounds and ministers pursued the appeal despite legal advisers suggesting it was likely to fail. 

Labour has accused Swinney of being “at the heart of this scandal” as he was responsible for the original probe after Sturgeon recused herself. 

Hamilton told Marks the SNP administration caused delay to the process and failed to withdraw its appeal from the Court of Session “once it was clear there were limited prospects of success”. 

He said the handling of the case was “out of character” with the rest of the administration's performance. 

In the letter, Hamilton said he wanted to express his “disappointment in the way that elements of this case have been handled”. 

Scottish Labour’s deputy leader Jackie Baillie said: “The Information Commissioner’s damning intervention raises yet more questions for this scandal-hit SNP government. 

“The SNP has wasted public money and dented public trust in this sorry saga. 

“John Swinney has been at the heart of this scandal from the very beginning and it is time for him to come clean. He more than any other minister has created the culture of secret Scotland. 

“We need an end to the toxic culture of secrecy and cover-up in this SNP government – the first minister must come to the Chamber and give the public the answers they deserve.” 

Commenting yesterday, the Scottish Government said: “The substantive points in the commissioner’s letter were fully addressed in a statement to the Scottish Parliament on 29 October 2024.”