Watchdog probes claims that SNP ministers ‘interfered’ in FOI cases

A PROBE is to be launched into claims of political ‘interference’ in the release of public documents by SNP ministers and their advisers.

The Scottish Information Commissioner yesterday confirmed it will investigate the Scottish Government’s freedom of information (FOI) performance following concerns about the role that political ‘special advisers’ play in the process.

Nicola Sturgeon faced questions at Holyrood about her government and special advisers ‘holding back material’ that ‘could cause them embarrassment’.

Parliamentary Business Minister Joe FitzPatrick was also urged to come before MSPs to explain himself amid claims he ‘misled’ them over the role of special advisers in the FOI process. In a letter to Mr FitzPatrick, following issues raised by political journalists, Scottish Information Commissioner Daren Fitzhenry said he would ‘assess the Scottish Government’s FOI performance in light of serious concerns raised’. He added: ‘Where any of its practices are found to be deficient, [I will] require the Government to remedy any identified breach of FOI law.’

Lib Dem MSP Tavish Scott has also written to Mr Fitzhenry requesting a probe into the office of John Swinney after a journalist suggested documents were removed from an FOI release at the request of the Deputy First Minister and his special adviser.

Labour’s Rhoda Grant yesterday asked Miss Sturgeon if she believed that saving ministers’ blushes ‘is more important than transparency, and indeed, the law?’

The First Minister said: ‘FOI requests are handled by government officials, they seek comments from relevant parts of the Government and consider whether ministerial clearance should be sought. That’s entirely appropriate because the legal duty to comply with FOI legislation lies with ministers.’

A Government spokesman said ministers are ‘legally responsible’ for responses to FOI requests and advisers and ‘have always been involved’ in the FOI process.