Lady Dorrian

Lady Dorrian: High Court Ruling released

(Photo: Getty)

This is an application to vary an order dated 10 March 2020 made by the court at common law and under section 11 of the Contempt of Court Act 1981:

“preventing the publication of the names and identity, and any information likely to disclose the identity, of the complainers in the case of HMA v Alexander Elliot Anderson Salmond

[2] Section 11 provides that where a court having power to do so, allows a name or other matter to be withheld from the public in proceedings before the court,

“the court may give such directions prohibiting the publication of that name or matter in connection with the proceedings as appear to the court to be necessary for the purpose for which it was so withheld.”

It is not disputed that the court had power at common law to order the identity of the complainers in the proceedings to be withheld from the public. That part of the order is not challenged. However, the applicant maintained that the order should be varied by the adding at the end the following:

(i) “in connection with these proceedings”; and

(ii) “excluding from the effect of this order all evidence submitted to (including Submissions submitted by the First Minister, by Alex Salmond and by Geoff Aberdein), and all reports issued by, the Parliamentary Committee inquiring in to the actions of the First Minister, Scottish Government officials and special advisers in dealing with complaints about Alex Salmond, former First Minister, considered under the Scottish Government’s “Handling of harassment complaints involving current or former ministers” procedure and actions in relation to the Scottish Ministerial Code.”

[3] The application arises following the publication by the applicant on 9 January 2020 of an article entitled: Full text; Alex Salmond’s submission to the Hamilton inquiry (“the Article”). The article set out the text of the submission (“the Salmond Submission”), excluding annexes, submitted on behalf of Mr Salmond to the Parliamentary Committee (“the committee”) inquiring in to the actions of the First Minister, Scottish Government officials and special advisers in dealing with complaints about Alex Salmond, former First Minister, under the Scottish Government’s harassment procedure, and actions in relation to the Scottish Ministerial Code, following self referral by the First Minister in that regard.

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