Information

Information relating to Hate Crime and Public Order (Scotland) act 2021: FOI release

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


Information requested

Information on and advice in relation to the characteristic of religion in the Hate Crime and Public Order (Scotland) Act 2021.

Response

While our aim is to provide information whenever possible, in this instance 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. Annex A outlines where this exemption applies, with regards to your request.

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.

Furthermore, in relation to the remainder of your request, the Scottish Government does not have the information you have requested. Annex A outlines where this exemption applies, with regards to your request, and provides some additional information outwith FOISA.

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.

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.

FOI202100246930 - Annex A

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

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