Scottish Ministers (Written evidence to James Hamilton's investigation into the First Minister under the Ministerial Code) [2023] ScotIC 004_2023 (31 January 2023)

Scottish Ministers (Written evidence to James Hamilton's investigation into the First Minister under the Ministerial Code) [2023] ScotIC 004_2023 (31 January 2023)

The Commissioner determined that the exemptions claimed by the Scottish Ministers were not sufficiently substantiated and that the public interest in disclosure outweighed the arguments for confidentiality.

Citation
[2023] ScotIC 004_2023
Parties
Applicant: Scottish Ministers; Respondent: James Hamilton
Jurisdiction
Scotland
Judgment Date
31 January 2023
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
appeal allowed
Legal Topics
Ministerial Code, Freedom of Information, Public Accountability
Administrative Law Constitutional Law Ministerial Code Freedom of Information Public Accountability

Case Brief

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Parties

Scottish Ministers

Applicant

James Hamilton

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether written evidence to James Hamilton's investigation into the First Minister under the Ministerial Code should be disclosed under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined that the exemptions claimed by the Scottish Ministers were not sufficiently substantiated and that the public interest in disclosure outweighed the arguments for confidentiality.

Court Disposition

appeal allowed

Orders

  • Scottish Ministers are required to disclose the written evidence to James Hamilton's investigation into the First Minister under the Ministerial Code