A newspaper requested information on court appeals

Kevin Dunion stepped in to help the Sunday Times newspaper obtain details of successful appeals against decisions by every sheriff and High Court judge.

The commissioner's job is to ensure that people get the information they are entitled to from public bodies.

Mr Dunion said he wanted people to be aware of their right to appeal.

"I am pleased that we have been able to resolve the first ever complaint, by securing the release of information requested by the journalists," he said.

Rights of appeal

"However, the fact that there has never been a formal complaint before suggests to me that people are unaware of existing appeal procedures, not that they have always received the information they have asked for.

"When the Freedom of Information (Scotland) Act comes into effect in a few months time I want the public to be aware of their rights to appeal to me if they are dissatisfied at being refused information requested from a Scottish public authority."

The act comes into effect in January 2005, when it will replace the existing code of practice on access to Scottish Executive information.

Kevin Dunion is Scotland's information commissioner

That code sets out guidelines for the executive and its agencies on making the information they hold available to the public.

The commissioner has powers to consider disputed cases and issue recommendations, but has no authority to force the release of information.

However, the new act will create a legal right to access information held by Scottish public authorities.

When it comes into force Mr Dunion will have the power to force public authorities to release information.

The complaint from the Sunday Times was the first to be received by the commissioner.

In January, the newspaper asked the Scottish Courts Service for a list of court convictions which led to successful appeals.

Convictions overturned

However, the request was refused because the court service said it would cost too much to collate the information.

The Sunday Times complained to the commissioner in March and a meeting was held between both parties in May, where the court service agreed to release more information than had originally been requested.

The results were published on Sunday by the newspaper, which said that former solicitor general Lord Dawson has had more convictions overturned than any other judge.

He had nine convictions overturned or altered on appeal between 1998 and 2002, four times the average figure.