Correspondence regarding Horizon Post Office system: FOI release

Information requested

1. All briefings prepared ahead of Angela Constance's appearance at Holyrood on Tuesday 9 January to discuss the Horizon Post Office scandal?

2. Why did Lord Advocate not speak about Horizon that day?

3. All correspondence between the Scottish Government and the Crown Office/Lord Advocate regarding Horizon between December 1 2023 and the date of this FOI?

4. All meetings held by the Scottish Government regarding the Horizon Post Office scandal between July 1 2018 and the date of this FOI, with minutes from these meetings. and list of attendees?

5. All correspondence sent and received (including internal) by the Scottish Government regarding the Horizon Post Office scandal between July 1 2018 and April 1 2021?

Response

1. All briefings prepared ahead of Angela Constance's appearance at Holyrood on Tuesday 9 January to discuss the Horizon Post Office scandal?

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under sections 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to that information.

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 because of the ongoing media and public attention to this matter. However, this is outweighed by the public interest in not substantially inhibiting the free and frank provision of advice to Ministers by officials.

2. Why did Lord Advocate not speak about Horizon that day?

Whilst oral questions concerning the operation of the systems of criminal prosecution and investigation of deaths in Scotland will normally be answered by the Lord Advocate or the Solicitor General for Scotland, they may also be answered by any Scottish Government Minister. This topical question was in relation to supporting individuals who may have been wrongfully convicted in coming forward, and as such was answered by the Cabinet Secretary for Justice & Home Affairs. As you will be aware the Lord Advocate subsequently addressed Parliament on 16 January 2024.

3. All correspondence between the Scottish Government and the Crown Office/Lord Advocate regarding Horizon between December 1 2023 and the date of this FOI?

I enclose a copy of some of the information you requested. Please see the attached email dated 10 January 2024.

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 an exemption under sections 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to that information.

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 because of the ongoing media and public attention to this matter. However, this is outweighed by the public interest in not substantially inhibiting the free and frank provision of advice to Ministers by officials.

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 an exemption under sections 38(1)(b) (third party personal data) of FOISA applies to that information.

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.

4. All meetings held by the Scottish Government regarding the Horizon Post Office scandal between July 1 2018 and the date of this FOI, with minutes from these meetings. and list of attendees?

While our aim is to provide information whenever possible, the Scottish Government does not have the information you have asked for under this heading - no meetings were held by the Scottish Government "regarding the Horizon Post Office scandal" during the time period indicated. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

5. All correspondence sent and received (including internal) by the Scottish Government regarding the Horizon Post Office scandal between July 1 2018 and April 1 2021?

I enclose a copy of some of the information you requested. Please see the attached emails dated 23 January 2020 and 29 & 30 September 2020.

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 an exemption under sections 38(1)(b) (third party personal data) of FOISA applies to that information.

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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400393692 - Information Released - Annex

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