Scotland’s information watchdog has ordered the ministers to hand over any analysis done into re-joining the EU after independence.
The SNP has repeatedly stated its commitment for Scotland to join the bloc again if the country ever leaves the UK. However, it is unclear how long accession could take in the event of a Yes vote.
A Freedom of Information (FoI) request by a member of the public was initially refused, but an appeal to Darren Fitzhenry - the country’s information commissioner - has forced ministers to divulge any analysis they hold by 17 August.
Writing in a decision posted on the commissioner’s website, he said ministers “failed to comply” with part of freedom of information legislation, adding: “The commissioner therefore requires the ministers to provide the applicant with the information they have wrongly withheld.”
The Scottish Government argued keeping the document secret would help the development of “high-quality policy and decision-making”.
He added: “They contended that ministers and officials needed to be able to consider all available options and to debate those rigorously to fully understand their possible implications.
“The ministers argued that premature disclosure of these options would seriously undermine internal debate on the various routes Scotland could take to join the EU, which in turn would undermine the quality of the policy-making process.
“If this occurred, the ministers contended, it would not be in the public interest.”
The Information Commissioner, however, rejected the arguments.
He said: “The commissioner agrees that there is a substantial public interest in the disclosure of information that would contribute to transparency and accountability, allowing scrutiny of matters being considered in the process of policy formulation and development.
“This would assist the public in understanding the very important policy issues under consideration and the likely consequences of any decisions to be taken, which are matters of legitimate public debate.“
In all the circumstances of this case, he is satisfied that the public interest in maintaining the exemption is outweighed by the public interest in disclosing the information.
“There is a strong public interest in allowing the public to understand the various options open to an independent Scotland, in relation to re-joining the EU and in understanding how long each option might take.”
Both the government and the applicant have 42 days to appeal against the decision, but should they fail to provide the necessary information, the Scottish Government could be held in contempt of court.
“If the ministers fail to comply with this decision, the commissioner has the right to certify to the Court of Session the ministers have failed to comply,” the decision stated.
“The court has the right to inquire into the matter and may deal with the ministers as if they had committed a contempt of court.”
A Scottish Government spokesperson told the Scotsman: “Scottish ministers note this decision from the Scottish Information Commissioner and will now consider their response.”
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