Senior Tory David Davis warns 'rule of law at risk' in Scotland over Nicola Sturgeon probe

David Davis demanded a debate on the matter in parliament.

Senior Tory David Davis warns ‘rule of law at risk’ in Scotland over Nicola Sturgeon probe

A senior Tory has warned the rule of law is at risk” in Scotland following the probe into whether Nicola Sturgeon broke the ministerial code.

The Scottish Government had previously rejected efforts to uncover details on the inquiry into the former first minister, despite a Supreme Court ruling throwing out attempts to block publication of the evidence.

Now David Davis has demanded a debate on the issue, suggesting the Scottish Government has breached the ministerial code and the rule of law.

Addressing MPs on Thursday, he said: “Some time ago, the Scottish Government refused an instruction from the Information Commissioner to publish written evidence from the Hamilton Inquiry into the conduct of the former first minister Nicola Sturgeon.

“Last month I attended the Court of Session hearing about that, at which the Scottish Government was humiliated at great public expense, in their attempt to reject the request.

“Despite a unanimous ruling against them by the highest civil court in Scotland, the Scottish Government still refuses to release that information. This extraordinary behaviour would appear to be in breach of the ministerial code, the Civil Service code, and indeed the rule of law.

“So can I ask the Leader of the House, is the rule of law in Scotland at risk? And can we have a debate and a statement on this matter?”

The Scottish Government had previously denied they held the information after receiving a Freedom of Information (FOI) request, only for the Court of Session to say this was a “wholly unrealistic” position.

However, that ruling did not compel the government to publish the evidence, stating they were obliged to reconsider the original FOI request, made by a member of the public.

Responding, Leader of the House Penny Mordaunt described the issues as “disturbing”. She said: “Can I thank my right honourable friend for raising this matter and the disturbing issues surrounding it. Although there is debate about whether the court decision is binding or not binding in a particular way, we consider it to be a matter of accountability for the Scottish Parliament.

“I am sure that the Scottish Parliament will be asking questions of their government in relation to these very serious matters”.

The Scottish Government has been approached for comment.