Publication - FOI/EIR Release

Cabinet Secretary for Justice meeting with Call It Out: FOI release

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

Published:
15 Apr 2019
Cabinet Secretary for Justice meeting with Call It Out: FOI release
FOI reference: FOI/19/00808
Date received: 15 Mar 2019
Date responded: 12 Apr 2019
Information requested

 

1) All briefing documents created in advance of Cabinet Secretary for Justice, Humza Yousaf’s meeting with ‘Call It Out’ on or around 13/03/2019.

2) A list of everyone present at the meeting and its location.

3) Any notes taken at the meeting.

4) Any minutes created of the meeting.

5) Any action points created after the meeting.

6) All correspondence between Call It Out and the Scottish Government since January 2018.

7) All correspondence between Angela Haggerty and the Scottish Government since January 2018.

8) All correspondence between Jeanette Findlay and the Scottish Government since January 2018.

 

 

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(b)(i) of FOISA (free and frank provision of advice) and 38(1)(b) of FOISA (personal information) apply. The reasons why those exemptions apply are explained in the Annex to this letter.

1) All briefing documents created in advance of Cabinet Secretary for Justice, Humza Yousaf’s meeting with ‘Call It Out’ on or around 13/03/2019.
Attached with this letter is the briefing document (document 1) created in advance of the Cabinet Secretary for Justice meeting with Call It Out. Some of the information has been redacted under sections 30(b)(i) of FOISA (free and frank provision of advice) and section 38(1)(b) of FOISA (personal information).

2) A list of everyone present at the meeting and its location.The meeting was held in the Scottish Parliament. Attendees are listed in the minute of the meeting (document 2), although an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested.

3) Any notes taken at the meeting.
All notes taken at the meeting are detailed within the meeting minute (document 2).

4) Any minutes created of the meeting.
The minute of the meeting is attached (document 2). While our aim is to provide information whenever possible, in this instance a small amount of the information you have requested has been redacted due to an exemption under section section 38(1)(b) of FOISA (personal information).

5) Any action points created after the meeting.
All action points are recorded in the attached minute (document 2).

6) All correspondence between Call It Out and the Scottish Government since January 2018.
All correspondence between Call it Out and the Scottish Government since January 2018 is attached with this letter (document 3). Please be aware that an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested.

7) All correspondence between Angela Haggerty and the Scottish Government since January 2018.
The Scottish Government holds no correspondence with Angela Haggerty.

8) All correspondence between Jeanette Findlay and the Scottish Government since January 2018.
The Scottish Government holds no correspondence with Jeanette Findlay.

 

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies

Exemptions under section 38(1)(b) of FOISA (personal information) of FOISA applies to some of the information you have requested. The information relates to personal data of a third party, ie names/contact details of individuals, 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. As such this information has been redacted.

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 applies, subject to the public interest test
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to; inhibit substantially the free and frank provision of advice and views.
This exemption recognises the need for officials to have a private space within which to provide free and frank advice/views to Ministers on key discussion points in pre-meeting briefings. Disclosing the content of free and frank advice on such key points will substantially inhibit the provision of such advice in the future, particularly when these discussions relate to a policy matter, such as introducing legislation which is still on-going and where decisions have not been taken.

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. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, before they meet stakeholders.

 

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-19-00808 Documents 1-3

19 page PDF
620.2 kB

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG