Publication - FOI/EIR release

Information relating to complaints about the conduct of a former first minister: FOI release

Published: 21 Sep 2018
Directorate:
People Directorate
Part of:
Public sector

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

Published:
21 Sep 2018
Information relating to complaints about the conduct of a former first minister: FOI release
FOI reference: FOI/18/02575  
Date received: 18 June 2018
Date responded: 20 Spetember 2018
 
Information requested
 
Any information relating to complaints about the conduct of Alex Salmond while he was first minister.
 
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.

The 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.
For information, I have attached at Annex A the response to a recent Parliamentary Question which you may find helpful.
 
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

foi-18-02575 Annex A

1 page PDF
132.2 kB

Contact

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

The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG