Publication - FOI/EIR release

Advice provided on the Judicial Review Petition of Former First Minister: FOI release

Published: 16 Sep 2020

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
16 Sep 2020
Advice provided on the Judicial Review Petition of Former First Minister: FOI release
FOI reference: FOI/202000078595
Date received: 21 Aug 2020
Date responded: 16 Sep 2020
Information requested

Any advice given to the Scottish Government by Roddy Dunlop QC, Christine O’Neill and Burness Paull, LLP on the Judicial Review Petition of Mr Alex Salmond.

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide the information requested because an exemption under section 36(1) of FOISA applies to all of the information you have requested. This exemption applies as the information you have requested is communication with legal advisers where legal advice is sought and/or given and so release would breach legal professional privilege.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the strong inherent public interest in maintaining the right to confidentiality to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG