Scottish Government and Ministerial Code Former Advisor communications: FOI release

Information requested

Any and all communications between the Scottish Government (officials, SPADs, ministers, everyone) and Mr James Hamilton, the then advisor on the ministerial code from January 1st 2024 to present day (28th of March 2025).

Response

In relation to your request, some of the information that you have requested is enclosed.

Some of the information you have requested have been provided with FOI response review 2202500448736 of your original FOI request 202400443489.

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 access to the information, then please contact me again and I will send you a copy.

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 Exchange of Views for the Purposes of Deliberation) and 38(1)(b) (Personal Information) of FOISA apply to that information.

ANNEX A

Section 30(b)(ii) – Free and Frank Exchange of Views for the Purposes of Deliberation

An exemption under section 30(b)(ii) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.

This exemption are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 allowing a private space within which officials can provide free and frank advice and views.

Section 38(1)(b) – Personal Information

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie email addresses, names, phone numbers etc., 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.

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 - 202500459604 - Information released - Annex A

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