Correspondence regarding Prisoners (Early Release) (Scotland) Bill: FOI release

Information requested

You asked for: all briefings written for the Scottish Government and correspondence sent to and from the government and all minutes/notes about the Prisoners (Early Release) (Scotland) Bill, between February 1 2025 and the date of this FOI.

Response

In interpreting your request for “correspondence sent to and from the government” we have included correspondence sent to or received from external organisations as well as correspondence sent by core Scottish Government to the Scottish Prison Service (SPS) and which core Scottish Government has received from SPS.

The SPS is an Executive Agency of the Scottish Ministers and has no separate legal status of its own. As such, it is part of the Scottish Ministers for the purposes of FOISA. However, it is widely recognised – including by Scottish Information Commissioner (the Commissioner) – that SPS operates with a substantial degree of autonomy from the rest of Scottish Government in its handling of information requests and can therefore be treated as a distinct entity.

In this instance information has been searched for within core Scottish Government but not within SPS as we have understood this request as a request to core Scottish Government only.

Please note that future FOI requests may apply a different interpretation. Should you wish to seek information which is held by SPS please contact them directly: SPSFOI@prisons.gov.scot.

I enclose a copy of some of the information you requested. Exemptions under sections: 25(1), 29(1)(a), 30(b)(ii), 36(1) and 38(1)(b) of FOISA apply to some of the information you have requested.

25(1) – Information otherwise accessible

Some of the information you have requested is available from https://www.gov.scot/publications/short-term-prisonerrelease/pages/what-the-changes-mean/ and Data, Research and Evidence |Scottish Prison Service. 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 website(s) listed, then please contact me again and I will send you a paper copy.

29(1)(a) - Formulation/development of government policy

Information relates to the formulation or development of government policy. 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 this 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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in ensuring the robust development of options for Scottish Ministers, including specifically those informing funding arrangements with other bodies, which may be undermined if information is made public ahead of all parties being informed of the final position.

30(b)(ii) - Substantial inhibition to free and frank exchange of views

Information is exempt if disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. 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 this 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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in ensuring that sensitive operational questions can be resolved effectively through free and frank discussion, which would be inhibited substantially if organisations within the justice system were unable to disclose relevant information to the Scottish Government without such information potentially being made public.

36(1) - Confidentiality of communications

The information is "legal privileged". Legal advice privilege covers communications between lawyers and their clients where legal advice is sought or given. This exception 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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in maintaining the right to confidentiality of communications between a legal adviser and their client.

38(1)(b) – Third party personal data

The information contains the personal data of a third party. 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.

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 202500454143 - Information Released - Documents 1 to 3

File type

PDF

File size

2.0 MB