Special Adviser involvement in James Hamilton QC's report on the Ministerial Code: FOI Review

Information requested

Original request 202400446131

1) I am aware through previous FOI requests and written answers in parliament (S6W-25078), that the Scottish Government has confirmed that four civil servants were "involved in the process of deciding" what parts of the report to redact. To be clear was there any SPAD involvement in a non-oversight/nondeciding role (yes or no)? This also includes whether SPADs were ever copied into communications/part of meetings during the process of redaction (yes or no also)?

2) If yes how many SPADs, and who were they? I also request such communications and minutes of meetings.

Response

I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

1) I am aware through previous FOI requests and written answers in parliament (S6W-25078), that the Scottish Government has confirmed that four civil servants were "involved in the process of deciding" what parts of the report to redact. To be clear was there any SPAD involvement in a non-oversight/nondeciding role (yes or no)? This also includes whether SPADs were ever copied into communications/part of meetings during the process of redaction (yes or no also)?

2) If yes how many SPADs, and who were they? I also request such communications and minutes of meetings.

I apologise for the delay in responding to you. This was due to the volume of requests received on this subject matter.

I can now provide our response to your original request.

The response to your first set of questions is that no SPAD was involved in a non-oversight/nondeciding role during the process of redaction of James Hamilton's report. Special Advisers were not copied into communications/part of meetings in the process of deciding what parts of James Hamilton’s report to redact.

In response to your second set of questions, there were no communications or meetings held with SPADS in the process of deciding what parts of James Hamilton’s report to redact.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

This is a formal notice under Section 17(1) FOISA that the Scottish Government does not have the information you have requested. Having conducted appropriate and proportionate searches for information in line with your requests, the Scottish Government holds no recorded information within the scope of your request.

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