Operation Branchform queries: FOI release

Information requested

1. When the First Minister and the Cabinet Secretary for Justice & Home Affairs was informed of Peter Murrell’s attendance at Edinburgh Sheriff Court on 20 March 2025. Please provide the specific time and the correspondence informing them of this fact.
2. All correspondence between the Permanent Secretary to the Scottish Government and the Chief Constable of Police Scotland between 1 October 2024 and the present date.
3. All briefing documents provided to the First Minister ahead of this media appearance on 20 March 2025: https://x.com/ginadavidsonlbc/status/1902769966748688722
4. ​​​​​​​What was discussed at the Scottish Government’s cabinet session on 18 March 2025 and whether the Lord Advocate attended this session as well as all minutes or notes documenting her contribution.​​​​​​​

Response

In relation to your first request,

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested due to exemptions under section 26(c) of FOISA, which provides that information is exempt if its disclosure would constitute, or be punishable as, a contempt of court. This exemption applies because legal proceedings are active and publication of the requested material would create a substantial risk that the course of justice in those proceedings would be seriously impeded or prejudiced, amounting to a contempt of court within the meaning of the Contempt of Court.

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.

In relation to your second request,

Some of the information is enclosed.

​​​​​​​While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to an exemption under section 38(1)(b) of FOISA. Section 38(1)(b) applies because it is personal data of a third party, for example names of individuals or other personal data, and disclosing it 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 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.

​​​​​​​Outside of FOISA, it may be helpful to note that the meetings in the correspondence attached, are regular catch-ups between the Permanent Secretary and the Chief Constable.

​​​​​​​In relation to your third request,

Some of the information is enclosed.

​​​​​​​While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested due to exemptions under section 38(1)(b) of FOISA. The reasons why these exemptions apply are explained below.

An exemption under section 38(1)(b) of FOISA applies to some of the information you requested. Section 38(1)(b) applies because it is personal data of a third party, for example names of individuals or other personal data, and disclosing it 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 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.

​​​​​​​In relation of your fourth request,

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out below.

However, I can confirm that the Lord Advocate did not attend Cabinet on 18 March 2025.

​​​​​​​Paragraph 6.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Cabinet papers and agendas, including Cabinet minutes, are essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions. The weekly meeting of the Scottish Cabinet is the highest decision-making forum within the Scottish Government, and it follows that all information considered by Cabinet must be handled with great care. Properly functioning Cabinet processes are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

​​​​​​​"The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. … The internal processes through which a Government decision has been made should not normally be disclosed."

(Scottish Ministerial Code, 2024 edition, paragraphs 6.1 and 6.4)

​​​​​​​Cabinet papers and agendas, including Cabinet minutes, are invariably produced on the assumption that they will not be disclosed until a significant amount of time has elapsed.

​​​​​​​Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow Ministers some private space for discussion. 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, 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 process.”​​​​​​​

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 202500458640 - Information Released - Annex

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