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.”
Last night, Scottish newspaper The National announced:
LATE on Friday evening, this notice was circulated from representatives of Peter Mandelson, via press regulator IPSO and the Press Association news wire, to all media across the UK.
In it, Mandelson uses clauses of the Editor’s Code most typically associated with grieving families or those suffering harassment from the press to urge journalists to stop scrutinising his links to the most world’s most notorious paedophile.
We believe it is strongly in the public interest to publish this memo. This is it in full:
CONFIDENTIAL – STRICTLY NOT FOR PUBLICATION: Ipso has asked us to circulate the following advisory:
Ipso has today been contacted by a representative acting on behalf of Peter Mandelson.
Mr Mandelson’s representatives state that he does not wish to speak to the media at this time. He requests that the press do not take photos or film, approach, or contact him via phone, email, or in-person. His representatives ask that any requests for his comment are directed to [REDACTED]
We are happy to make editors aware of his request. We note the terms of Clause 2 (Privacy) and 3 (Harassment) of the Editors’ Code, and in particular that Clause 3 states that journalists must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist, unless justified in the public interest.
Please do not hesitate to contact me to discuss any Code issues on [REDACTED] or out of hours on [REDACTED].
New code will strengthen protections for players to mitigate against harm
Measures includes strict credit card limits and transparency on free entry routes
Omaze among more than 20 leading operators to sign up to the code
People entering prize draw competitions will benefit from stronger protections and greater transparency, as the Government today unveils a new voluntary code for operators.
Prize draws have exploded in popularity in recent years, with 7.4 million adults playing each year across the UK. The market is worth £1.3 billion annually. However, as these draws also offer a free entry route, they do not currently require a licence under the Gambling Act 2005.
In light of this growth, the Government is determined to ensure that players are able to enjoy prize draws safely. This Code establishes a clear set of industry standards which will help provide a uniform approach across the sector to strengthen player protections, increase transparency and improve accountability of prize draw operators.
The prize draw voluntary code includes:
A £250 monthly cap on credit card entries for prize draws – and complete ban on credit card entries for all instant-win competitions
A commitment to ensure free entry routes are sufficiently publicised and accessible to all
New measures for operators to identify and mitigate against harm, including signposting to support where necessary
The Voluntary Code of Good Practice for Prize Draw Operators can be viewed in full here.
More than 20 leading operators, including Omaze, Best of the Best and Raffle House have agreed to sign up to the code following extensive consultation between the sector and Government. Signatories will have six months to implement the code’s provisions.
Gambling Minister Baroness Twycross said: “Millions of people enjoy entering prize draw competitions every year, and they should be confident that reasonable protections are in place. Thanks to the introduction of this code, that will be the case.
“I want to thank all of the operators who have already signed up, both for their cooperation in developing the code, and their commitment to following it moving forwards.”
Omaze president James Oakes said: “Omaze is proud to be a founding signatory of the new Code of Conduct. As the UK’s largest prize draw operator, we’ve consistently set industry-leading customer safeguards, whilst raising over £100 million for charities across the country.
“As more and more companies offer prize draws, we welcome DCMS’s introduction of this Code and look forward to all operators committing to the same high standards.”
As part of the government’s drive to bring down the cost of living, the Chancellor has written to the Competition and Markets Authority (CMA) urging them to launch a market study into private dentistry costs and practices.
There are increasing concerns that patients are paying more than they should because of hidden costs, overtreatment and lack of information on price, ownership and quality of treatment.
It comes alongside reports of private practices offering to take on children of customers as NHS patients only if parents sign on as private patients.
The Chancellor also informed the CMA that following their investigation into petrol forecourts and recommendations to bring greater price transparency, Motorists will start to see data in their mapping apps, satnavs and price comparison websites which will let them know where to get the best price at the pump for fuel in their local area early next year.
This scheme was a recommendation made by the Competition and Markets Authority after they found that the amount retailers make in profit on every £1 spent on fuel has more than doubled at some supermarkets, with similar increases at other forecourts.
During this time, this government has kept fuel duty frozen to support households and businesses, which suggests that savings on fuel duty have not been passed onto customers
Fuel providers will have to report changes to fuel prices in near real time so that savvy drivers can compare to get the best price. Government officials estimate that this could knock £40 a year off a household’s annual fuel bill or up to 6p a litre.
With prices openly available, this is also an incentive for fuel providers to offer drivers more competitive prices.
The Chancellor also confirmed that the government is ready to act on the CMA’s recent investigation into the veterinary sector, with further details due to be set out in due course
This comes as the Chancellor prepares for the Budget next week of which tackling the cost of living is a key priority while also focusing on continuing to cut waiting lists and bring down the national debt.
Chancellor of the Exchequer Rachel Reeves said:“The scourge of hidden costs, lack of transparency and overtreatment has blighted families in need of dental treatment for too long.
“That’s why I want to see urgent action taken to help reduce prices, whilst the cost of living still puts pressure on families across the country.
“At next week’s Budget I’ll set out the fair choices I will take to deliver on the public’s priorities: cutting NHS waiting lists, cutting national debt and cutting the cost of living.”
New laws passed to improve transparency and accountability of the sector
New laws to modernise and improve the way legal services are regulated in Scotland has been passed by the Scottish Parliament.
The Regulation of Legal Services (Scotland) Bill will improve how legal services are regulated and introduce a more flexible and consumer-focused system that provides clearer and swifter redress for complaints through greater transparency and accountability.
The Bill benefits the legal profession by simplifying regulatory structures and promoting innovation and competition, intended to increase access to justice. Also, by removing restrictions on third sector bodies, it aims to help charities better support the most vulnerable in society.
The legislation ensures regulation remains independent and fair by empowering The Lord President to better oversee and improve the functions of legal services within Scotland, upholding the high standards of Scotland’s legal community.
Minister for Victims and Community Safety Siobhian Brown said: “Scotland’s legal sector plays an integral role in maintaining the rule of law and upholding justice. From individuals seeking advice in family law matters to businesses navigating complex commercial disputes, there will always be a need and demand for accessible, efficient and accountable legal services.
“The Bill is about improving the everyday experience of people who need legal help and ensuring that legal services are delivered in a way that is fair, equitable and accessible for all and making it better equipped to serve the people of Scotland in an ever-evolving legal landscape.
“The journey of this Bill has been a rigorous and collaborative process, involving extensive consultation, including with the legal sector and consumers, to ensure it reflects the interests of all those who interact with the legal system.”
The First Minister has published a new edition of the Scottish Ministerial Code, further strengthening the processes to support transparency, accountability and independent scrutiny.
The new Code includes an enhanced role for Independent Advisers which allows them to initiate investigations into alleged breaches of the Ministerial Code when they feel it is warranted and without a direct referral from the First Minister. If a breach is established, advisers will be able to recommend appropriate sanctions.
In addition, the Advisers will play a role in reviewing the processes in place to manage the annual review of Ministers’ declarations of interest. The Terms of Reference for the Advisers has also published for the first time.
First Minister John Swinney said: “The updated Scottish Ministerial Code, my first as First Minister, contains the most significant changes since 2008.
“The strengthening of the Code gives a clear focus on public service and duty and the enhanced role of the Independent Advisers assures greater scrutiny, transparency and accountability.
“The new Independent Advisers Claire Loftus, Sir John Manzoni and Sir Ernest Ryder will provide invaluable advice and recommendations to me, ensuring Ministers are acting at the very highest standards of integrity and propriety.
“My thanks to former Independent Advisers Lady Elish Angiolini and James Hamilton for their many years of public service.”
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.”
Local MSP slams ‘drastic and nonsensical cut in funding’
Funding award grants for voluntary sector organisations is invariably difficult – for cash-strapped councils there is never enough money available to meet ever-growing demands.
There are winners and losers, but the latest round of funding decisions has caused particular anguish for Leith’s Citadel Youth Centre, who have learned that their annual award will by slashed by a swingeing £125,000.
Citadel’s Willy Barr (above) explained: “The city council’s Education, Children and Families meeting that took place on Monday 18th December to recommend grant awards to third sector organisations across the city.
“In the lead up to their meeting the Committee had not published a table of grant awards as they normally do, instead they contacted us on the Monday afternoon to inform us we had been recommended for a “partial award” of 50% of what we applied for, equating to £50,000 per year. We had applied for the maximum capped amount of £100k to fund our work with children and young people.
“This news has come as a huge disappointment, as although we expected a cut from our current annual grant of £175,000 per year, this reduction of £125,000 has been way more than we anticipated and will now seriously impact on the services and supports we offer to the local community, many of whom are already impacted by poverty and related issues affecting their mental health and well-being.”
In an appeal for their support, Willie Barr raised his concerns over the scale of the cut with local MSP Ben Macpherson, MP Deidre Brock and Leith councillors, making them aware of the size of the disinvestment in the Citadel, and the potential implications this could have on local services for local children, young people and their families.
As well as contacting Citadel’s local Leith politicians Willy will also be pressing Council Leader Cammy Day – who was himself once a youth participation worker in North Edinburgh – to rethink the scale of the cut, which is due to come into effect from 1st April.
Organisations were invited to apply for a grant of £10k minimum and £100k maximum per year to one of three funding strands – Learning Outcomes, Health and Wellbeing and Youth Work.
Both NHS Lothian and Police Scotland also contributed funding to the awards.
Eighty nine applications were assessed with total bids totalling £16.7m over three years for an available budget of £10m.
This was carried out by trained assessors before going to a moderation panel consisting of the Edinburgh Voluntary Organisations Council (EVOC), Lothian Association of Youth Clubs (LAYC) and an independent chair.
Sixty eight organisations had their bids approved either in full or partially with the new grants programme running from 1 April 2024 through to 31 March 2027.
Councillor Joan Griffiths, Convener for the Education, Children and Families Committee, said when the awards were announced: “The Connected Communities Edinburgh grants programme aims to support vulnerable and disadvantaged young people and their families right across Edinburgh.
“The three different funding strands mean we can direct resources to deliver outcomes that best support those most impacted by poverty.
“This new programme is a really good example of partnership working at its best. We listened to third sector and voluntary organisations about their first-hand knowledge of what the need was in our communities and where funding should be directed.
“Getting to today’s decision has involved a lengthy and really robust assessment process and I want to thank everyone who has contributed. We will of course continue to monitor the progress of the funding over the coming three years to ensure the outcomes promised for our communities are being delivered.”
‘A really good example of partnership working at it’s best? Willie has pointed out concerns over the funding process:
Lack of Transparency:
“In the first instance, the whole process of applying for our grant has been suffered from a lack of transparency and has had a feeling of secrecy about it.
“There has been no consultation with us or the wider sector, similar to what has happened in previous years. Instead, there has been a short briefing opportunity for organisations to attend, facilitated by L.A.Y.C. and E.V.O.C. who have both been paid £120,000 and £100,000 respectively from the grant fund. (No application from them required!)
“Although this is public funds, there is still a refusal to share information about who has been awarded a grant and how much they are recommended to receive. This veil of secrecy surrounding this committee’s business doesn’t feel like an open democratic process.
“If you check the practice of other committees, such as the 5th December Housing, Homelessness and Fair Work Committee, which published a full list of agencies recommended (and not) for No One Left Behind funding prior to the meeting (pp106-107)
“By the Committee’s own admission, there has been no impact assessment carried out on their decisions relating to these grant proposals.
Apparently, any impact assessment process will take place once organisations are told the level of their award which seems a bit late to me. What is really lacking is asking for an impact assessment specifically focusing on the implications of withdrawing financial support from organisations in a sudden manner.
“There may be ways the city council could support organisations in a way to avoid drastic service cuts, or even closure, by a graded reduction in funds.
(note that this goes against one of the central recommendations from the Lessons Learned from previous third-party grant processes that “An Equalities and Rights Impact Assessment should be completed prior to the report going to Committee so that Members are able to make decisions that take account of that information and recommendations for action.” (3.26)
Willie concluded: “Our normal activity for everyone at the Citadel at the start of any new year is around planning and positive thoughts about what opportunities lie ahead, but to be honest, I anticipate this decision will have a huge impact on current morale.”
Urging a rethink, local MSP Ben Macpherson appealed to funders ‘to reconsider this drastic and nonsensical sudden cut in funding, which will negatively affect a well-known respected and impactful organisation’.
Leith MP Deidre Brock said: ““I’m very concerned by this news. A funding cut of this size will have profound effects on the ability of the Citadel Youth Centre to continue to provide anything like the level of amazing services and support to vulnerable individuals and families in Leith they provide now.
“I find it shocking there has been no dialogue with any of the organisations involved, no impact assessment of the consequences of this cut in funding and by the wholesale lack of transparency throughout the grant process.
“This will, I greatly fear, have long term impacts and consequences wider than the organisations involved, impacting communities already reeling from Westminster Tory cuts.”
The Spirit of Leithers Facebook page also commented: “We try not to do current affairs too much on the Spirit of Leithers page, but come on CEC – the Citadel Youth Centre has been a Leith institution for decades.
“It is a shocking blow for Leith and many individuals and groups in the community. This project has supported so many Leithers over decades by delivering a superb service and saving the Council significant funding as a result of its preventative and direct work.
“I hope we will hear much more about the thinking behind this and a change of heart from City of Edinburgh Council.”
FRIENDS of the EARTH: OIL & GAS INDUSTRY LOBBIED SCOTTISH GOVERNMENT 200+ TIMES UNDER STURGEON’S ‘OPEN-DOOR POLICY’ TO POLLUTERS
Research conducted by Friends of the Earth Scotland has uncovered the shocking extent of the oil and gas industry lobbying of the Scottish Government under Nicola Sturgeon.
Campaigners are concerned that the influence and lobbying by the fossil fuel industry has weakened the Scottish Government’s climate commitments and is slowing action on the transition away from fossil fuels. Oil lobbyists met Ministers as they were preparing the Climate Change Act in 2019, in the runup to COP26, and ahead of the recently published Energy Strategy and Just Transition Plan.
The fossil fuel industry has made hundreds of billions in profits in recent years as household bills have soared. Oil companies are pushing to expand and drill new fields despite the devastating climate impacts of burning fossil fuels.
Campaigners are calling on Humza Yousaf’s new Government to make a clean break from the old regime and end the ‘open door policy’ to big polluters like Shell, BP and Equinor.
The analysis revealed that Ministers met oil company lobbyists nearly once a week over 4 years.
Meetings uncovered include then Finance Secretary Kate Forbes meeting with oil company Equinor during the COP26 climate conference, Energy Minister Paul Wheelhouse meeting with BP and Shell in consecutive years at the opera in Florence, Italy, and First Minister Nicola Sturgeon met with the President of Petrochina at Bute House.
++ SCALE OF OIL & GAS LOBBYING ++
Analysis of the Scottish Government’s Lobbying Register and its Ministerial Diaries shows that:
From March 2018 (when the Lobbying Register began) to December 2022, there were 212 recorded meetings between Scottish Government ministers and representatives of the fossil fuel industry.
Of these meetings, junior ministers were present at 115 meetings, Cabinet Secretaries 71 times, Special Advisors 26 times and the First Minister attended 12 of the meetings.
Michael Matheson MSP and Paul Wheelhouse MSP were the industry’s favourites, both clocking up 39 meetings each.
The other members of the Government who met the industry more than 10 times were Ivan McKee MSP, Richard Lochhead MSP and Kate Forbes MSP.
SSE was the most active company with 62 meetings followed by BP with 32 and oil lobby group Offshore Energies UK with 22Scottish Government meetings.
Friends of the Earth Scotland head of campaigns Mary Church said: “Burning fossil fuels is the major driver of climate breakdown yet the arsonists are being asked how to put out the fire. Under Sturgeon it is clear that the Scottish Government has had an open-door policy towards the fossil fuel industry for years.
“Whilst the true scale of fossil fuel company lobbying is likely to be even greater than what is detailed here, this data, and the Scottish Government’s continued overreliance on speculative technologies that are designed to prolong the life of oil and gas, show that the industry’s lobbying machine has been allowed to exert a harmful influence over decision making on climate and energy.
“The fossil fuel industry has known about the danger of climate breakdown for decades and not only failed to act, but deliberately buried and obscured the truth about their role in driving it. They have repeatedly proven that they cannot be trusted to deliver a just energy transition. If tobacco companies can be banned from lobbying about healthcare, then by the same principle the fossil fuel industry must be stopped from lobbying on climate and energy.
“To avoid catastrophic climate impacts, and do our fair share globally, we must phase out oil and gas in this decade. As First Minister, Humza Yousaf has the chance to chart a new path away from fossil fuels without the industry trying to call the shots. If his Government is serious about tackling the climate crisis and delivering a just transition, it must cut ties with the fossil fuel industry and ban them from lobbying.”
Campaigners are highlighting how the Scottish Government is still heavily reliant on Carbon Capture and Storage and hydrogen to meet their climate targets, technologies which are backed by the oil and gas companies as a way to prolong the lifespan of the industry. However, these technologies are unproven at the scale envisaged and it is indisputable that they will not be developed in time to meet the need for urgent action.
In many instances it is clear from the research that the fossil fuel industry scheduled meetings with Ministers in the lead up to decisions being made that would impact their business.
For example, in May and June 2022, Equinor held meetings with Minister for Just Transition Richard Lochhead, Cabinet Secretary for Net Zero, Energy and Transport Michael Matheson and First Minister Nicola Sturgeon shortly before they announced their plans to develop the controversial Rosebank oil field in the North Sea, in August 2022. The Scottish Government has so far failed to directly speak out against Rosebank’s development, despite it being over three times the size of the Cambo oil field which it opposed in 2021.
The fossil fuel industry has had a significant impact on climate policy globally, often pushing for weaker regulations, denying climate science and blocking the transition to renewable energy.
++ CAMPAIGN DEMANDS END TO OIL & GAS LOBBYING ++
A global campaign to cut ties between the fossil fuel industry and the main United Nations body that tackles climate change – the UN Framework Convention on Climate Change – has been calling for a conflict of interest policy that would ban the industry from meetings like Glasgow’s COP26.
There is precedent for companies with vested interest in harmful industries being excluded from decision making spaces, with the World Health Organisation banning lobbying from the tobacco industry on global health policy in 2003.
Campaigners are calling for the new First Minister Humza Yousaf to end the relationship between the fossil fuel industry and the Scottish Government, by ending lobbying meetings between ministers and representatives of the fossil fuel industry. Only meetings necessary to regulate and transition the industry should be permitted, and these should be called by public officials and held transparently.
Improvements and updates to increase transparency and accountability
Legislation to update and strengthen existing charity law has been published. The Charities (Regulation and Administration) Bill aims to increase transparency and accountability and improves the powers of the Office of Scottish Charity Regulator (OSCR).
As part of the proposals OSCR will:
publish annual accounts for every charity
include the names of all charity trustees in the Scottish Charity Register
be able to remove charities that fail to provide accounts and don’t respond to OSCR’s communications
create a publicly searchable record of removed charity trustees
The legislation will also give OSCR new powers to issue positive directions to a charity to take action, such as managing a conflict of interest, where a risk has been identified by the regulator.
Social Justice Secretary Shona Robison said: “Charities play a vital role in our society, from supporting individuals and communities, to informing policy at a national level.
“Current charity law is now 17 years old, the charity sector has changed significantly in that time and the legislation needs to be updated to reflect that. Charities have told us that they want these changes to help strengthen existing charity law and update their system of regulation.
“In order to maintain public trust and confidence in this important sector and its regulator in the years ahead, we are taking the required steps to increase transparency and to extend OSCR’s enforcement powers.
“Scotland’s charities raise more than £13 billion of income each year and this Bill will give the public further transparency as to how that money is used.”
Anna Fowlie, Chief Executive of the Scottish Council for Voluntary Organisations (SCVO), said: “I welcome the introduction of this legislation. Charity regulation is vital to public trust and confidence in the sector, and it needs to be fit for purpose.
“This Bill is an opportunity to modernise regulation and ensure that OSCR has the powers it needs to fulfil its functions as effectively as possible. I also welcome the Scottish Government’s commitment to a wider review of charity law in the future.”
updating the criteria for the automatic disqualification of charity trustees and extending it to individuals with specific senior management positions in charities
removal from the Scottish Charity Register of unresponsive charities that fail to submit statements of account
a requirement for all charities in the Scottish Charity Register to have and retain a connection to Scotland
a requirement on OSCR to publish the statements of account for all charities in the Scottish Charity Register
requirements on OSCR to include charity trustee names in the Scottish Charity Register, to keep an internal schedule of charity trustees’ details and to create a publicly searchable record of charity trustees removed by the courts
The Scottish Government consulted on proposals put forward by OSCR in 2019 and consulted again on a number of specific reforms in 2021 and found a majority of support for the changes.
