James Hamilton QC's secretariat communications: FOI Review
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Original request 202400443489
1 - Why did James Hynd leave or "stepped away" (As Mr Hamilton put it) from his position as Mr Hamilton's secretariat?
2 - All communications (emails, text messages, whatsapps, everything) and minutes between and within the Scottish Government (Ministers, civil servants, SPADS, including Mr James Hamilton) regarding Mr Hynds leaving from his post as Mr Hamilton's secretariat, and the appointment of Mr Hynds successor
3 - All communications (emails, text messages, whatsapps, everything) between the Scottish Government (Ministers, civil servants, SPADS etc) and Mr James Hamilton over the past 12 months.
Response
I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA).
You asked for:
1 - Why did James Hynd leave or "stepped away" (As Mr Hamilton put it) from his position as Mr Hamilton's secretariat?
2 - All communications (emails, text messages, whatsapps, everything) and minutes between and within the Scottish Government (Ministers, civil servants, SPADS, including Mr James Hamilton) regarding Mr Hynds leaving from his post as Mr Hamilton's secretariat, and the appointment of Mr Hynds successor
3 - All communications (emails, text messages, whatsapps, everything) between the Scottish Government (Ministers, civil servants, SPADS etc) and Mr James Hamilton over the past 12 months.
In accordance with section 21(4) of FOISA, I have also reached a decision on your request.
I apologise for the delay in responding to your request, this is due staff shortage and recent workload.
Response to your request
I enclose a copy of some of the information you requested.
In response to your first question, it was always the intention that formal secretariat support would be provided by an individual from SG who was not connected to any of the matters subject to Mr Hamilton’s investigation.
In response to your second question, some of the information you have requested is available from Written question and answer: S5W-31054 | Scottish Parliament Website.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.
I enclose a copy of some of the information that you have 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 exemptions under sections s.38(1)(b) (personal information), and s.36(1) (confidentiality of communications) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter.
In response to your third question, I enclose a copy of some of the information that you have 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 exemptions under sections s.38(1)(a) (personal information) and s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why those exemptions apply are explained 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 https://www.gov.scot/foi-responses.
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