- 6 Dec 2017
FOI reference: FOI/17/02488
Date received: 20 October 2017
Date responded: 4 December 2017
'I refer to the email from Michael Cross to ReDacted, where on behalf of the Scottish Government he stated that the SFC had conducted a review under section 7C(7) of 'The Act' and recommended that the Ministers use their powers under section 24 of 'The Act' and consider the [the expensive DLA Ppier] review and it was for the Ministers to consider the 'SFC report' and conclusions.
Therefore under FOISA please supply in electronic format confirmation that the DLA Piper review as ordered by the SFC under section 7C(7) of 'The Act' was the very one and same SFC report that the then Cabinet Minister and/or senior government officials considered?
Or was there another report used other than the DLA Piper review, [perhaps due to its finding's not being substantial enough to merit the removal of the Clyde Board], if so please supply a copy of the 'SFC REPORT.'
Either way please advise if the findings of the DLA Piper Review were used by the Ministers?
Please also advise and evidence the context in which the 'SFC report' was provided?
To be clear, if the DLA Piper review was not used, was the SFC report, based in solid and accurate facts after a FULL & THOROUGH investigation or was the report based on their opinion?
Please advise who conducted a legally sound and unbiased investigation that the SFC report was based on if not the opinion of the SFC, bearing in mind that the this request to the Ministers was at the behest of the SFC to the Ministers to be considered?'
This SFC report was not relied upon by Scottish Ministers prior to the making and laying of the order before Parliament for the removal of the Glasgow Clyde College Board. This information is now available at https://beta.gov.scot/publications/foi-17-02234/.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
Your final question refers to "who conducted a legally sound and unbiased investigation that the SFC report was based on", while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Given that this report was produced by the SFC, you may wish to contact them directly and they may be able to help you.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House