The Law Society of Scotland raised concerns about the effectiveness of inquiries, warning that authorities are able to withhold sensitive information.

An investigation by the Scottish Information Commissioner into the deletion of electronic messages by government officials is expected to issue findings this summer on the use of informal communications and record-keeping.

The cost of running Scotland’s five current major public inquiries has risen to nearly £180 million. At the beginning of last year, the total stood at £120m. Ten years ago, the only inquiry underway – into the Edinburgh Tram project – cost £13m.

Public inquiries are meant to investigate matters of significant public concern, establish facts, assign responsibility, and make recommendations. However, the growing number of inquiries has prompted criticism that ministers and officials may be overusing them as a means of deferring or deflecting political pressure.

Concerns have also been raised about their transparency.

During the UK Covid Inquiry’s 12 sessions in Edinburgh last year, former first minister Nicola Sturgeon denied any culture of secrecy but admitted to deleting her WhatsApp messages during the pandemic. She said such messages did not contain decisions and were removed in line with government policy.

Her former deputy, John Swinney, also admitted to deleting WhatsApp communications between himself, Ms Sturgeon and Humza Yousaf – a practice he said may have dated back to 2007.

The Scottish Information Commissioner, who has been investigating the government’s use of informal messaging since February 2023, stated that the UK Covid inquiry had raised “significant practice concerns” over ministerial conduct.

The Law Society warned that unless deletion of data is explicitly outlawed, public inquiries will be undermined.

It said: “The key to effectiveness of any public inquiry depends significantly upon the preservation and availability of relevant information. The UK and Scottish Covid inquiries have demonstrated the governmental use of WhatsApp, other social media and data. The deletion of this data as part of the public record means that such material will not be available to the inquiries.”

It added: “This will reduce the efficacy of those inquiries and unless the deletion of such data is prohibited by law, of future inquiries too.”

The Law Society has called for amendments to the Inquiries Act 2005 to improve the conduct and accountability of public investigations.

A Scottish government spokesperson said: “Public inquiries are set up when no other avenue is deemed sufficient. In many cases, such as the Scottish Covid Inquiry, they are set up with the support of, or in response to calls from, the Scottish Parliament. Public inquiries operate independently of government and the chair has a statutory duty to avoid unnecessary costs.”