Information defeat for ministers

Lord Hamilton ordered the release of the information

The Scottish Executive has lost a landmark legal case over freedom of information.

Ministers had refused to release correspondence about a planning application for a waste disposal site at Trearne Quarry in Ayrshire.

They had also failed to publish paperwork concerning the Law Reform Act, despite being ordered to by the information commissioner.

The lord president rejected the appeal and told them to hand over information.

READ THE REPORT Lord Hamilton's report [2.65MB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here

The decision by Lord Hamilton came after a hearing at the Court of Session.

One case involved documents on law reform legislation passed in 1990.

Part of that legislation, relating to the right of non-legal professionals to conduct litigation, has yet to be put into effect.

The executive had refused the request for the documents, arguing that it was covered by exemption provisions in the Freedom of Information Act.

These provisions concern material relating to the framing of public policy, or material whose disclosure would harm the effective conduct of public affairs.

We are still considering the opinion of the court A Scottish Executive spokesman

The other case concerned requests for documents about a planning matter at Trearne Quarry in North Ayrshire.

These too had been refused by the executive, arguing that their release would prejudice the effective conduct of public affairs.

In both cases, the Scottish Information Commissioner ruled against the Executive, who then appealed to the Court of Session which upheld his original decisions.

A Scottish Executive spokesman said: "We are still considering the opinion of the court. We will look at the terms of the opinion in detail before coming to a view on, among other issues, whether to appeal further.

"It is therefore inappropriate for us to make any further comment in relation to the case at this point."