Victim Support Scotland correspondence: FOI release

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


Information requested

1. All documentation held by the Scottish Government about HMP Highland cost and delays, including correspondence (internal included) sent and received, minutes/notes from meetings, briefings, and policy analysis, from between November 1 2024 and December 10 2024.

2. All correspondence held between the Scottish Government and Victim Support Scotland, as well as all minutes/notes meetings between them, and briefings written about the charity, between November 1 2024 and December 10 2024.

Response

Part 1

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the volume of information that was identified in the initial searches of our corporate systems. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. It is likely that the most useful way to do this would be to give us an indication of which particular information you are interested in to allow us to undertake a more focussed approach to look for information. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Part 2

I attach a copy of the information you requested at Annex A and Annex B. Whilst 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 section 38(1)(a), section 38(1)(b), section 30 (b)(i) and section 30 (b)(ii), section 25(1), section 27(1), and section 29(1)(a), and applies to some elements of the information you requested.

An exemption under Section 38(1)(a) of FOISA (personal information) applies to some of the information requested because it is personal data of SG staff i.e. the names and email addresses of SG staff who are not Senior Civil Service (SCS). Disclosing the information would contravene the data protection principles in 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 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names and 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.

Exemptions under section 30 (b)(i) and section 30 (b)(ii) of FOISA (free and frank provision of advice and exchange of views for the purposes of deliberation) applies to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemptions recognise the need for officials to have a private space within which to provide free and frank advice to both other government officials and Ministers.

The above exemptions are subject to the ‘public interest test’. Therefore, taking account of all of the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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, to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Disclosing the content of such free and frank exchange of views will substantially inhibit the communication of such matters in the future, which would not be in the public interest.

An exemption under section 25(1) of FOISA applies when the information requested is otherwise available to the general public. When this exemption is applicable the appropriate link has been provided:

A Victim-Centred Approach to Justice in Scotland: Scoping and Modelling Project Victim-Centred-Approach_-Report_Final_27Nov2024.pdf

An exemption under section 27(1) of FOISA applies to some of the information requested because it refers to documents which we intend to publish 12 weeks of 17 January 2025. We consider that it is reasonable to withhold the information until that date, rather than release this information before the planned publication date.

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 of information and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned.

An exemption under Section 29(1)(a) information relating to the formulation or development of government policy. This exemption is also subject to the public interest test and it has been assessed that the information should be withheld. While it is recognised that there is a general public interest as part of ensuring an open and transparent government, in this instance it is considered more in the public interest that policy developers are granted the private space to full develop robust policies.

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 202400445297 - Information Released - Annex A
FOI 202400445297 - Information Released - Annex B

Contact

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

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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