- 4 Jun 2018
FOI reference: FOI/18/01402
Date received: 9 May 2018
Date responded: 1 June 2018
1. Please provide all correspondence, between the then Cabinet Minister Angela Constance for Education & Life Long learning or any Scottish Government officials, acting on her behalf and Barclay McCrindle the student representative from Clyde College from the date he took up this role until the date of this request.
To be clear, please provide all correspondence including but not limited to but not exclusive of exchange of letters emails/minutes of meetings and ministerial briefs (official sensitive information can be redacted) including telephone calls & records, conference calls & records etc.
2. Please provide in electronic format a detailed itinerary of all meetings, calls, correspondence between the Cabinet Minister and Barclay McCrindle.
I enclose a copy of some of the information you requested in the attached pdf files. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption applies to that information. The reasons why that exemption(s) applies are explained below.
Reasons for not providing information
Exemption under section 38(1)(b) of FOISA (personal information).
This applies to some of the information requested because it contains personal data of a third party, i.e. Scottish Government official names below Senior Civil Service and their direct contact details. This information has been redacted throughout the documents which are being released. Disclosing this information would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
Section 36(1) – legal advice.
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure 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 and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
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