Letter to the Secretary of State for Justice regarding Crown Immunity: FOI release

Information requested

1. The letter the Cabinet Secretary for Justice sent to the Secretary of State for Justice regarding Crown Immunity, as referred to by the Cabinet Secretary in the Chamber on 27 March 2025.

2. Any correspondence sent by the Cabinet Secretary for Justice or her officials related to this letter, including the drafting of it and any emails sent to the Ministry of Justice about it.

3. Any response from the Ministry of Justice to or about this letter.

Response

Part 1

A copy of the letter the Cabinet Secretary for Justice and Home Affairs sent to the Lord Chancellor & Secretary of State for Justice is attached at Annex A.

Part 2

I enclose a copy of some of the information you requested in Annex B. 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 an exemption under section 30(b)(ii) (free and frank exchange of views) of the Freedom of Information (Scotland) Act 2002 applies.

Exemptions under 30(b)(ii) 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.

Upholding the exemption under 30(b)(ii) is important to maintain private space for consideration between the Scottish Government officials and Ministerial Office as to the decision-making that underpins communications with the UK Government. This engagement needs to be carried out with candour and would be inhibited if such information was disclosed.

We have interpreted your request as seeking correspondence sent by the Cabinet Secretary for Justice and Home Affairs or her officials related to the letter, including the drafting and any emails to the Ministry of Justice. Please note that other information regarding the Cabinet Secretary for Justice and Home Affairs statement to the Scottish Parliament on Thursday 23 January was found in the search.

This falls outside the scope of your request.

Part 3

We are only required to provide information that was held at the time the request was received. The specific information you have requested was not held by the Scottish Government at the time of your request, and therefore we are unable to release it.

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 202500461620 - Information Released - Annex A and B

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