Commissioner's correspondence with Scottish Government

16 December 2024

Scottish Information Commissioner David Hamilton has written to the Scottish Government following its compliance with Decision 193/2024, in which the Commissioner required that the Scottish Government disclose the legal advice it had received in relation to a December 2023 appeal to the Court of Session. 

The Commissioner's correspondence, sent on 12 December 2024, sets out the Commissioner's concerns in relation to aspects of the Scottish Government's handling of this matter, including:

• The decision to pursue the appeal on the basis of the advice received
• The delay experienced by the requester as a result of the decision to appeal
• The approach taken by the Scottish Government to related media statements

The Commissioner's letter to the Scottish Government is published in full below:

Commissioner's correspondence with the Scottish Government - 12 December 2024.

Scottish Government's response to the Commissioner's Letter - 18 December 2024.

Further information on the background to this case is available through the following links:

• Commissioner's statement on Scottish Government disclosure of legal advice
• Further clarification following the disclosure of legal advice by the Scottish Government
• FOI Appeals summary: James Hamilton Report and investigation