Leslie Evans’ diary, schedule and meeting minutes for specified dates: FOI release

Information requested

 

The full contents of Leslie Evans’ diary, schedule, call log or minutes of meetings for the following dates: 15, 16, 17 January 2018.

The full contents of Leslie Evans’ diary, schedule, call log or minutes of meetings for the following dates: 23, 24, 25 January 2018.

The full contents of Leslie Evans’ diary, schedule, call log or minutes of meetings for the following dates: 20-27 August 2018 (inclusive).

Response

 

I enclose a copy of some of the information you requested.
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 exemptions under sections 30(a), 35(1)(c), 38(1)(b), and 39(1) of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.
We do not hold any other material which falls within scope of your request. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

 

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

Exemptions Apply

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested, because it is the personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.
An exemption under section 30(a) of FOISA (convention of collective responsibility of Scottish Ministers) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially the convention of the collective responsibility of Scottish Ministers. Government in Scotland, as in the rest of the UK, has long worked under the convention that Ministers are collectively responsible for decisions and their delivery. Collective responsibility requires collective discretion, and ensures that Ministers can express their views frankly in internal discussion of an issue while maintaining a united front once decisions have been reached. Furthermore, disclosing Cabinet minutes which record their views would prejudice substantially the maintenance of the convention.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. On the other hand, we consider there is a greater public interest in protecting a private space within which Ministers can explore, debate rigorously and refine the full range of policy options available.

Section 35(1)(c) applies because disclosure would, or would be likely to, prejudice substantially the administration of justice. This exemption recognises that the disclosure of some information could prejudice court proceedings.

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 disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the substantial public interest in ensuring that the courts in Scotland can operate without trials being prejudiced. In our assessment, release of this information could prejudice a case currently in court in Scotland.

 

An exemption under section 39(1) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual.

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 the First Minister’s and Permanent Secretary’s travel arrangements. However, this is outweighed by the public interest in the safety of the First Minister and Permanent Secretary.

 

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foi-19-00195 Information requested

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22 page PDF

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