Tag: openness

“Preposterous excuses” given for latest Scottish Government non-compliance

Scottish Information Commissioner, David Hamilton, has received a reply to his letter of 2 February 2026 in which he sought assurances from the Scottish Government’s Permanent Secretary that Ministers had complied with his Decision 193/2024.

That Decision required Scottish Ministers to release all legal advice given to the Scottish Government in relation to the Commissioner’s earlier decision on whether they held Hamilton Inquiry evidence.

The Commissioner was advised by the Scottish Government that it had complied, however the Scottish Government refused the Commissioner access to the withheld information he needed to see in order to check this by relying on a little-used provision in FOI law. Therefore, at the time, the Commissioner had to take Ministers at their word that compliance had been achieved.

During a related court case in January 2026, the Commissioner became alert to the prospect that some of that legal advice had not been released and sought reassurance. 

A response has finally been received which the Commissioner considers demonstrates that the Scottish Government has failed to comply with his 2024 Decision.

He is now consulting with lawyers on certifying this non-compliance to the Court of Session, allowing the court to inquire into a second case of contempt of court.

David Hamilton, Scottish Information Commissioner.

The Commissioner said: ““Perhaps worse than the fact that Scottish Ministers have once again failed to comply with one of my Decisions, is that they appear to have tried to conceal this breach of trust with unjustified delays and a wall of silence. The excuses I have now been given, both in writing and in person, are preposterous and unacceptable. 

“I have now met with the Permanent Secretary and have expressed my dismay. I can no longer trust the Government to handle this information unsupervised and will explore more intrusive options to ensure compliance.

“The Government’s FOI handling of the Hamilton Inquiry cases stands in stark contrast to the way nearly every other case of theirs is handled.

Following my meeting with the Permanent Secretary, I now need to assess whether I can resource a further intervention to examine the unusual case handling practices in these cases.”

The letter of 10 March 2026 from the Permanent Secretary to the Commissioner is published here.

Scottish Government to end the use of non-corporate mobile messaging apps

‘Commitment to openness and transparency’

The Scottish Government is to stop the use of mobile messaging apps, including WhatsApp, on official devices following the publication of an externally-led review.

Deputy First Minister Kate Forbes welcomed the review of mobile messaging apps and non-corporate technology and confirmed that access to these apps will be removed from government devices in spring 2025.

Updated guidance and training for staff and Ministers will take place ahead of the new policy being implemented.

The review, led by former Channel Islands data protection commissioner Emma Martins, was commissioned in January this year by the then First Minister as part of the Scottish Government’s commitment to improving openness and transparency.

Ms Martins makes 20 recommendations on different areas of corporate governance, including the values of the Scottish Government, learning and development process, recruitment procedures, records management and the use of mobile messaging apps. Improvement work is already underway – including strengthening the Scottish Ministerial Code and refreshing the mobile messaging app policy.

The Deputy First Minister said: “I am very grateful to Emma Martins for her time and insight in conducting her review.

“We have carefully considered the recommendations and we will end the use of mobile messaging applications to conduct government business by spring 2025.  At that point, mobile messaging apps will be removed from corporate devices.

“The use of mobile messaging apps increased during the pandemic as staff worked remotely in unprecedented and difficult circumstances. Having reflected on our working practices, we are now implementing changes to the use of mobile messaging apps.

“Ms Martins’ timely review sets out some of the most challenging issues facing all governments. Work has already started to implement recommendations, and we will build on that work to ensure that data management, especially in relation to new technologies, is as robust as possible in order to continue to deliver efficient and effective public services.”

Emma Martins said: “I was pleased to be appointed to conduct this review and I am grateful to the Scottish Government for the open and constructive way in which they have engaged with me throughout. 

 “Technologies are changing our lives at home and in the workplace. No organisation can afford to sit back and hope that navigating those changes will come without effort. Values need to be clear, individuals need to engage, and governance needs to be effective.

 “The Scottish Government already understands this and there a number of improvements already in train. It is my sincere hope that the recommendations in this review serve as additional fuel for that important journey.” 

Externally-led review into mobile messaging apps and non-corporate devices

Scottish Cabinet papers released

Files from 2003 now open to the public

Files opened for the first time at National Records Scotland (NRS) show details of Scottish Cabinet discussions in 2003.

The records cover the Scottish Parliament elections which saw Jack McConnell return as First Minister. Included in these files are discussions by the Labour/Liberal Democrat Cabinet about striking firefighters, regeneration of the Clyde waterfront and the potential domestic impact of the Iraq War.

The papers are made available to the public as part of the Scottish Government’s proactive commitment to releasing archived records after 15 years.

Welcoming the latest releases, Paul Lowe, Chief Executive of NRS and Keeper of the Records of Scotland, said: “These records are important for our understanding of our recent history as well as the fabric of our society.

“Preserving our records and making them available to the wider public is one of the most important aspects of our work here at the National Records of Scotland.

“It’s fascinating to see the range of important issues covered in 2003 ranging from discussions on civil partnerships to child protection and cultural policy in Scotland.”

Minister for Parliamentary Business and Veterans Graeme Dey said: “The vast resource of information that’s been made available for members of the public to view at the NRS, as well as the wealth of documents which have been published on our website, shows the Scottish Government’s commitment to openness and transparency.

“I am sure that these newly opened files will make for fascinating reading.”

Information on the files is available on the NRS website.

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