Ministerial Code Former Advisor correspondence: FOI release

Information requested

Copies of all the correspondence between Helen Webster & James Hamilton including any correspondence from Helen Webster that references James Hamilton in them.

Response

I enclose a copy of most of the information you 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 30(b)(ii) (free and frank provision of advice or exchange of views) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Under s.38(1)(b)(ii), the names and contact details of civil servants below the grade of Senior Civil Servant have been redacted, and the contact details of some third parties have also been redacted. 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.

Under s.30(b)(ii), some information has been redacted because its disclosure would 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 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 disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy-/decision-making.

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 202500456798 - Information released - Annex A

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