Correspondence regarding Misconduct allegations against former First Minister: FOI release

FOI reference: FOI/18/02334  
Date received: 27 August 2018
Date responded: 20 September 2018
 

Information requested
 

Details of any correspondence (emails, typed or handwritten notes, letters, phone calls, minutes of meetings, documents or otherwise) between Scottish Government ministers, special advisers or senior civil servants in 2018 on the topic of misconduct allegations against former First Minister Alex Salmond.
 

Response
 

By reference to section 18(1) of FOISA we cannot confirm or deny whether any information is held. We are applying section 18(1) in conjunction with section 35(1)(c) (information exempt if disclosure would, or would be likely to prejudice substantially the administration of justice) and section 38(1)(b) (personal data).

The exemption in section 35(1)(c) is subject to the public interest test. We have viewed the public interest test to be the balance between the need to be open and transparent in our decision making and ensuring that we do not prejudice substantially the administration of justice. In that regard we cannot confirm or deny if any such information exists and we have concluded that the balance favours adopting that approach.

That exemption in section 38(1)(b) is not subject to the public interest test but we have applied the public interest as required by section 18 and have concluded that to reveal whether the information exists or not would be contrary to the public interest.
 

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