Scottish government vows to release 'Salmond files' but refuses to set date as it faces legal action over the delay
Scotland's Information Commissioner has initiated court proceedings against the SNP government after it missed a series of deadlines to produce documents relating to an investigation into Nicola Sturgeon.
Tuesday 27 January 2026 18:13, UK
The Scottish government has vowed to release the "Salmond files" but is refusing to set a date as it faces legal action over the delay.
David Hamilton, Scottish Information Commissioner, has initiated court proceedings against the SNP government after it missed a series of deadlines to produce documents relating to an investigation into Nicola Sturgeon.
The probe, by James Hamilton KC, saw the former first minister cleared of breaching the ministerial code during an investigation into her predecessor Alex Salmond over harassment allegations.
Amid a long-running freedom of information (FOI) battle over the inquiry, the Scottish government was given until 15 January and then 22 January to respond to a request to release the documents.
However, ministers missed both deadlines.
The commissioner has since taken the unprecedented step of instructing solicitors to begin legal proceedings at the Court of Session which could see the government held in contempt of court.
At Holyrood on Tuesday, parliamentary business minister Graeme Dey said First Minister John Swinney had "made clear" the government would comply "as soon as possible".
However, work is under way to ensure the names of complainers in Mr Salmond's criminal case are protected from jigsaw identification.
Mr Dey said: "Court orders make it clear that those who complain in relation to allegations of sexual assault must have their identities protected.
"We cannot release information which would breach those court orders and amount to a contempt of court.
"Accelerated work, and I stress accelerated work, is under way to consider each document for release. The assessment is complex given the need to avoid jigsaw identification."
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Scottish Labour MSP Katy Clark said the FOI request was made in October 2024, with the commissioner subsequently ruling the government had "wrongly" withheld some information.
Scottish Tory MSP Douglas Ross asked for reassurance that the files will be released ahead of the Scottish parliament purdah period before this year's election.
Mr Dey would not commit to a date, stating the government would be "criticised" if it was missed.
He said: "The intention is to release that information as soon as is practical to do."
Mr Dey denied the suggestion the government was deliberately delaying the files' release.
He added: "I refute this absolutely, that this is a deliberate act to delay the release of this information.
"I could not have been clearer, that is not what is happening here."