Far-right/neo Nazi activity correspondence: FOI release

Information requested

All correspondence and communications since 01/09/2024 which relate to far-right/neo Nazi activity, including mentions of Patriotic Alternative , or Homeland/the Homeland Party.

Response

I enclose a copy of some of the information you requested (far right) in the format you asked for.

Please note that some of the information within scope of your request (neo Nazi, including mentions of Patriotic Alternative or Homeland/the Homeland Party ) is due to be released in FOI 202500452673, under section Section 27(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) we do have to disclose information if they already plan to publish it within the next 12 weeks – provided it is reasonable to delay disclosing the information until the planned date of publication.

Under section 25(1) of FOISA, we do not have to give you information which is reasonably accessible to you. For that reason, under FOISA section 25(1), explained in more detail below, this is exempted from inclusion in this response. Although for ease I have provided the links to S6O-04243 and S6O-03898 .

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you requested, as exemptions under FOISA apply under sections: 28 (relations within the UK); 30(c) (substantial prejudice to the effective conduct of public affairs); 38(1)(b) (personal data relating to a third party). The reasons for these exemptions are explained in the following paragraphs.

Based on your request on the search term “Far Right” a judgement was made to not include all correspondence with the term “Far Right” (covering rail transport) as this was not the subject of your interest and would have exceeded the upper cost limit and therefore we focussed on internal/external government communications related to your search terms within the context of the extreme right wing / right-wing extremist groups.

You may find it helpful to know for future requests that information is filed and categorised on Scottish Government systems according to specific subject matter and that requests for information using standalone words or phrases can quickly exceed the upper cost limit. You may wish to consider reducing the scope of future requests by specifying, for example, particular meetings, dates or individuals which relate to your request for information. You may also find it helpful to consult the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on their website at: https://www.foi.scot/how-do-i-ask

Exemptions apply, not subject to the public interest test

Section 25(1) – information otherwise accessible
An exemption under section 25(1) of FOISA (Information otherwise accessible) applies to some of the information requested, as it can be reasonably obtained without asking for it under FOISA. 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.

Section 38(1)(b) – applicant has asked for personal data of a third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested as it is personal data of a third party, i.e. names and contact details of individuals, and disclosing 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 has been applied where necessary throughout the response. 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 apply, subject to the public interest test

Section 27(1): Information intended for future publication
An exemption in section 27(1) allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks – provided it is reasonable to delay disclosing the information until the planned date of publication. This will be published on the Publications - gov.scot .

Section 30 (c) – substantial prejudice to the effective conduct of public affairs An exemption
Under section 30(c) of FOISA (substantial prejudice to the effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice the work of the Scottish Government, stakeholders and partners. This would constitute substantial prejudice to the effective conduct of public affairs.

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. However, in this case, there is a greater public interest in protecting the effective conduct of public affairs without inhibition or constraint.

Section 28 – relations within the United Kingdom
An exemption under section 28 of FOISA (relations within the United Kingdom) applies to some of the information requested. Disclosure of this information would, or would be likely to, prejudice substantially relations between administrations in the UK (e.g. between Westminster and Holyrood). 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. However, in this case, there is a greater public interest in protecting work effectively and without inhibition or constraint.

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 202500453168 - Information released - Annex A

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