MINISTERS have been ordered to release legal advice relating to efforts to keep secret legal advice received after a refusal to publish information about an investigation into whether Nicola Sturgeon broke the ministerial code in connection with the Alex Salmond probe.
The Scottish Information Commissioner (SIC) has demanded the Scottish Government reveal the legal advice it received in relation to ministers' decision to appeal an earlier ruling by the watchdog.
The Scottish Government will be required to publish advice it received in relation to its bid to exempt from Freedom of Information requests documents relating to James Hamilton's probe into whether Sturgeon broke the ministerial code when Salmond was being investigated for sexual harassment.
Both Salmond (below) and Sturgeon were cleared in their respective investigations.
The SIC previously won out over the Scottish Government after ministers previously tried to keep their legal advice secret.
After this, a member of the public attempted to obtain the legal advice but was blocked by the Scottish Government. The refusal was appealed to the SIC which has now overruled the Scottish Government.
It has now found that the Scottish Government's appeal to have the right to legal confidentiality is outweighed by the public interest.
The SIC has ordered that the information must be released by October 26 this year.
The Commissioner noted that the Scottish Government's initial appeal was "swiftly" rejected by the Court of Session, the sums of money which have now been spent on the case and the Scottish Government's reliance on "largely generic" arguments against publication.
A Scottish Government spokesperson said: “The Scottish Government has received the Scottish Information Commissioner’s decision. It would not be appropriate for us to comment further on a live appeal case.”
