The Scottish government has been ordered to publish some of the written evidence from an investigation into whether Nicola Sturgeon broke the ministerial code.
The former first minister was cleared of breaching the ethics code by an independent advisor in 2021, following the botched investigation into her predecessor Alex Salmond.
A member of the public asked to see the evidence submitted under Freedom of Information (FOI) rules, but was denied.
After a lengthy series of complex appeals, the Information Commissioner has now * ordered ministers to release some of the evidence by the 12 January – although there could still be a further appeal against that ruling.
In a ruling published this week, Information Commissioner David Hamilton criticised the Scottish government for “failing to disclose some information” for the FOI request which it did not identify as being exempt.
The commissioner said that ministers had been “wrongly withholding some information under the exemptions”.
Mr Hamilton said it had been a “very * complex case”, but added the complexity was compounded by how elements of the case were handled by the Scottish government.
He also stressed that he was “acutely aware of the sensitivity of the subject matter of the request” and some of the withheld information.
In August Alex Salmond's niece said the family was determined to “defend his name” in legal action against the Scottish government.
Christina Hendry also claimed there had been a conspiracy against Salmond – the former first minister and SNP leader who was cleared at trial of 13 sexual offences in 2020.
When he died aged 69 last year, Salmond had been suing the Scottish government over a botched investigation into harassment complaints made about him.
His widow Moira has since taken up the case – although Salmond's estate is now * being wound up by bankruptcy accountants, after it transpired he died with debts of more than £340,000 stemming largely from legal fees.
Following the Information Comissioner's ruling, independent MSP Fergus Ewing called on First Minister John Swinney to publish all the documents that “show the truth about the Sturgeon inquiry and the Salmond hounding by senior civil servants and others”.
The former SNP MSP added: “This is an utterly devastating finding which destroys any shred of credibility that the first minister has when he says he is committed to transparency and openness in government.”
A Scottish government spokesperson said: “We have received the decision of the Scottish Information Commissioner and are considering its terms.”
Somehow it is now * almost seven years since Nicola Sturgeon first referred herself for an investigation as to whether she broke the ministerial code.
The then first minister was initially seeking to prove that she had not conspired with her predecessor during the government's investigation of him – something which today seems at odds with Salmond's claims of a conspiracy..
All these years later, with Salmond having passed away and Sturgeon with one foot out the door of politics, the row over that inquiry and the claims of conspiracy continue.
That is in part down to a remarkably dedicated campaign by a member of the public, Benjamin Harrop.
His initial FOI request in April 2021 has bounced through appeals and court hearings to get to this point, with the Information Commissioner finally ordering documents be handed over.
But we still don't know exactly what the documents set to be released are, or how significant they might be.
They might also be heavily redacted, given court orders still prevent the publication of anything which might identify the women who complained about Salmond.
And there is still the possibility of a final appeal via the courts.
The saga may not be over yet.
