Publication - FOI/EIR release

Discussions within the Scottish Government regarding Domestic Abuse Register: FOI release

Published: 3 September 2024
Directorate: Justice Directorate
Topic: Health and social care, Public sector
FOI reference: FOI/202400414000
Date received: 15 May 2024
Date responded: 12 June 2024

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

Information requested

Information on what discussions have taken place amongst Scottish Government Ministers and their officials with regards to the establishment of a domestic abuse register, from the 6th of May 2021 onwards.

Response

I enclose a copy of most 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 an exemption under sections s.38(1)(b)(personal information) and s.30(b)(i)(substantial inhibition to free and frank provision of advice) of FOISA applies to that information. The reasons why that exemption applies are explained below.

An exemption under section s.38(1)(b)(personal information) of FOISA applies to a small amount of the information requested. The exemption applies because it concerns the personal data of a third party, i.e. 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.

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 s.30(b)(i)(substantial inhibition to free and frank provision of advice) of FOISA applies to a small amount of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position. Disclosing the content of free and frank advice on the proposed Domestic Abuse (Prevention)(Scotland) Bill will substantially inhibit such briefing in the future, particularly because discussions on the issue relate to a sensitive and ongoing matter.

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, as part of the process of exploring and refining the Government’s position on the establishment of a domestic abuse register, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

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.