John Swinney to release the 'Salmond files' before the Holyrood election in May
John Swinney has also denied there is a culture of secrecy within the Scottish Government he runs.
John Swinney has vowed to release the ‘Salmond files’ before the Holyrood election in May as he denied there was a culture of secrecy within his government, despite missing numerous deadlines to publish official documents.
It comes as Scottish Information Commissioner David Hamilton announced he had instructed solicitors to begin proceedings against the Scottish Government at the Court of Session, the first time this has happened in the history of this post.
The commissioner had previously given the government until January 15 to respond to release documents relating to the probe by James Hamilton KC into potential breaches of the ministerial code by former first minister Nicola Sturgeon during the investigation into her predecessor Alex Salmond.
A subsequent deadline was then set for January 22, but the deadline was again missed by ministers.
Last week Mr Swinney criticised Mr Hamilton, saying he had “erred in law” by demanding the government release all the documents in the ‘Salmond files’.
Mr Swinney said yesterday: “The information commissioner says there is information we need to disclose, but I’m concerned that if the government gets it wrong we will breach court orders protecting the identities of the women who have complained.
“This is a live Freedom of Information request which we are going to answer, but we need to take a little more time to get that right.”
He added: “I cannot do anything that runs the risk of disclosing the identities of the women coming forward in good faith to make complaints of alleged sexual assault.”
The First Minister then said: “It’s going to take a little bit more [time], but definitely not after the election.”
During the interview he was also asked if there was a culture of secrecy within his government, to which he said: “No.” He then went on to say his government had “made more information available than any other government in the past”.
Last week Scottish Labour leader Anas Sarwar said he would release the ‘Salmond files’ if he wins the upcoming Scottish Parliament election and becomes First Minister.
It comes as a key Holyrood committee has told MSPs to reject proposals to overhaul Freedom of Information laws in Scotland.
Holyrood’s standards, procedures and public appointments committee said the proposed reforms put forward by Scottish Labour’s Katy Clark MSP are not workable, despite finding a clear need to update the law.
Ms Clark’s bill aims to update the Freedom of Information (Scotland) Act 2002 by introducing a presumption in favour of disclosure, and establishing a new duty for public authorities to publish information proactively.
It would also remove the First Minister’s power to “veto” certain decisions made by the information commissioner.
However the committee’s official report on her bill says it would not deliver the intended changes and recommends the Scottish Government brings forward its own proposals to reform Freedom of Information laws.
Committee convener Martin Whitfield MSP said: “Freedom of Information is a fundamental part of how our public services in Scotland are delivered.
“The work done by Katy Clark MSP establishes a clear need to update the law that underpins it. However, our committee is not convinced that this bill is the right approach in its current form.
“The Scottish Government should be taking action to develop an updated and forward-looking Freedom of Information regime for Scotland. If not, a committee bill may be the most appropriate legislative means to deliver this complex and important reform.”
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