Exclusive: Scotland Office rejects fresh appeal over release of leaked memo

03/08/2015
CommonWeal

CommonSpace set to appeal to information commissioner in attempt to have memorandum made public

THE Scotland Office has rejected a fresh appeal asking for the release of a controversial memo which claimed Nicola Sturgeon wanted David Cameron to become prime minister.

CommonSpace had appealed against an earlier refusal to disclose the memo of the meeting between Sturgeon and the French ambassador, and documents relating to it, after a freedom of information request.

In refusing the latest attempt to have information in the public domain, the Scotland Office has added further reasons why it cannot be disclosed.

It has now claimed that the release is exempt under section 38 of the freedom of information act because it would be likely to endanger the physical or mental health of an individual or endanger the safety of an individual.

This is in addition to the previous assertion that the information is exempt under section 27, because its release would damage relations with France, and under section 40, because it would breach the principle that data should be processed fairly and lawfully.

Although the text of the memorandum has been released, it remains a mystery who sent the memo and who received it.

Although the text of the memorandum has been released, it remains a mystery who sent the memo and who received it.

Alistair Carmichael, Scotland Office minister at the time, was ultimately found to have leaked the document to the Daily Telegraph after a Cabinet Office investigation. He had earlier denied playing any role in it.

Former first minister Alex Salmond has claimed that current Scotland office minister David Mundell, who was Carmichael’s deputy at the time, must have also seen the memo.

“By rejecting requests for information, the UK Government has essentially placed protecting individual politicians above the principle of open and transparent government.” Peter Grant MP

The SNP has criticised the Scotland Office’s latest refusal to show transparency on the issue.

Peter Grant MP for Glenrothes told CommonSpace: “Once again the Tory government has refused to come clean on this very serious issue. This memo, which was a ‘brazen lie’ – in the words of LibDem Sir Malcolm Bruce – was leaked to try and smear Nicola Sturgeon, and all while on the taxpayers’ expense.

“By rejecting requests for information, the UK Government has essentially placed protecting individual politicians above the principle of open and transparent government. Carmichael’s credibility already lies in tatters as a result of this issue, and by refusing to come clean the UK government is also perilously close to losing any it had.”

Meanwhile, Carmichael, whose position as an MP remains under scrutiny, was recently appointed home affairs spokesman by new Liberal Democrat party leader Tim Farron.

The Orkney and Shetland MP is facing legal action from constituents who are hoping the courts will order a re-run of the poll in his constituency, following a successful crowdfunding campaign for legal fees.

He is also at the centre of a formal investigation by the head of the Westminster standards watchdog, Kathryn Hudson, over the episode.

CommonSpace will now be taking the next step in our attempts to have the memo released and are appealing the decision to the Information Commissioner’s office.

Picture courtesy of Liberal Democrats