Documentation that mentions Former SNP Chief Executive Officer: FOI release

Information requested

Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, which mentions Peter Murrell, from the last month?

Response

Having considered your request and conducted appropriate and proportionate searches, I enclose some of the information you have requested.

However, whilst it is our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested. This is due to the following exemptions:

• Section 25(1) – information otherwise accessible;
• Section 26(c) – contempt of court;
• Section 30(b)(i) - free and frank provision of advice; and
• Section 38(1)(b) - personal data relating to a third party.

The reasons why these exemptions apply are set out in the annex to this letter.

ANNEX

Section 25(1) – information otherwise accessible

An exemption applies under Section 25(1) of FOISA as we do not have to give you information which is already reasonably accessible to you. To assist you, please see the links supplied below. If, however, you do not have internet access to obtain this information from the website listed below, then please contact me again and I will send you a paper copy.

• SNP's Nicola Sturgeon still under investigation, Crown Office says | The National
• https://www.thetimes.com/uk/scotland/article/nicola-sturgeon-book-release-date-frankly- phkgv69tf

Section 26(c) – contempt of court

An exemption applies 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 Act 1981. 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 30(b)(i) - free and frank provision of advice

An exemption under Section 30(b)(i) (free and frank provision of advice) of FOISA applies to the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views.
This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view, including agreeing lines to take in response to Parliamentary Questions. Disclosing the content of free and frank exchange of views would likely substantially inhibit the exchange of such views in future.

This exemption is subject to the ‘public interest test.’ Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I recognise 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 allowing a private space within which officials can exchange full and frank views, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b) - personal data relating to a third party

An exemption applies under Section 38(1)(b) to some of the information because it is personal data of a third party. Disclosing this 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.

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 202500458728 - Information Released - Annex

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