Right to Addiction Recovery Bill consultation: FOI review

Information requested

• Any analysis conducted by the Scottish Government of the Right to Addiction Recovery (Scotland) Bill consultation. Please provide any analysis conducted after 1 September 2021 to the present date.
• Any internal Scottish Government correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings or otherwise) regarding the Right to Addiction Recovery (Scotland) Bill consultation including any internal correspondence from the Scottish Government developing responses to press releases from the Scottish Conservatives about the Right to Addiction Recovery (Scotland) Bill. Please provide any correspondence which took place after 1 October 2021 to the present date.
• Any briefing notes provided to any Scottish Ministers regarding the Right to Addiction Recovery (Scotland) Bill consultation. Please provide any briefing notes given to Scottish Ministers after 1 October 2021 to the present date.
• Any emails, whatsapp messages or other instant messaging services (including text messages) from Drugs Minister Angela Constance regarding the Right to Addiction Recovery (Scotland) Bill consultation. Please provide emails and messages from 1 October 2021 to the present date.

Response

I have concluded that the original decision should be confirmed with modifications.

I have reviewed the information withheld including the application of exemptions, and the public interest test where appropriate. I apologise for the length of time that it has taken to complete this review, this was because of the volume and complexity of the information that had to be considered.

In our initial response documents were provided with exemptions applied. On review I have concluded that there are instances where these exemptions do not apply and where information could have been disclosed. In particular I have removed our reliance on the exemption under section: 29(1)(a) - formulation/development of government policy and have disclosed the information previously withheld under this exemption. I have included a full document list where I have set out where decisions have been changed on review. I am upholding the decision to withhold some information originally withheld, but have set out the reasoning more fully in the Annex to this letter. The exemptions still being applied are –

• 30(b)(i) - substantial inhibition to free and frank provision of advice;
• 30(b)(ii) - substantial inhibition to free and frank exchange of views;
• 36(1) - confidentiality in legal proceedings of communications sections;38(b)(1) – personal data of third parties

The reasons why the exemptions apply to the information not released as part of the original response at set out in the Annex to this letter.

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 - 202100252172 - Annex

File type

2 page PDF

File size

99.2 kB

FOI - 202100252172 - Information release

File type

78 page PDF

File size

665.0 kB