18 January 2007
The Scottish Executive has been found guilty of breaching freedom of information legislation and ordered to release eight secret documents on nuclear emergency exercises.
In a judgement received today, Kevin Dunion, the Scottish Information Commissioner, accused the Executive of breaching the Freedom of Information (Scotland) Act 2002. Officials had "misapplied" exemptions designed to enable the "free and frank provision of advice", he concluded.
Dunion ordered the Executive to release eight out of ten documents about nuclear exercises in 1993, 2003 and 2004 within the next 45 days. But he said that the Executive was right to withhold two of the documents because their release could inhibit officials from making similarly "free and frank" criticisms in the future.