Scotland's Information Commissioner is seeking to have the UK's Supreme Court rule on the Scottish government's refusal to release documents linked to an inquiry that cleared former First Minister Nicola Sturgeon of breaching the ministerial code.
Ministers have cited legal professional privilege as the reason for withholding the documents, following a freedom of information request from Benjamin Harrop. Harrop had sought internal communications regarding the government's legal basis for withholding the material.
The Court of Session previously overturned a ruling by Information Commissioner David Hamilton that ordered the documents' release. Hamilton is now seeking permission to take the case to the UK's highest court, expressing concern that the Court of Session's decision could have broader implications, making it more difficult to access legally privileged documents.
Scotland's Freedom of Information law permits the refusal of certain information requests if they would compromise confidential communications between lawyers and clients, though this is subject to a public interest test.