Kneecap correspondence: FOI release

Information requested

Any internal or external correspondence, memos, briefing papers or any other information you hold in relation to Kneecap covering 2025.

Response

I enclose a copy of most of the information you requested. To flag that your FOI request is the same request as earlier FOI requests 2025466783 and 202500464169, albeit with a longer search span. However, your FOI release comprises a single file.

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), 38(1)(b) and 27(1) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

Sections 30(b)(i) and 30(b)(ii) – free and frank exchange of views for the purposes of deliberation

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to a small part of the information requested, and this is indicated in the redactions applied in the attached document.

These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final media lines are used.

Disclosing the content of free and frank briefing material on Kneecap will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive or controversial issue such as the tension between freedom of expression and statements/activity apparently seeking to justify any form of hateful, violent, intimidating or otherwise criminal behaviour.

These exemptions 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 to Ministers in press lines. It is clearly in the public interest that Ministers can properly and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Section 38(1)(b) – applicant has asked for personal data of a third party

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, i.e, names/contact details of individuals outwith the Scottish Government 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. In addition staff details below Deputy Director level and Special Adviser are also redacted under para 82 et seq (“ Names of public authority employees”) of FOISA section 38 guidance.

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 27(1) – information intended for future publication

An exemption under section 27(1) of FOISA applies to a small part of the information requested because it applies to current or completed FOI requests which we intend to publish within 12 weeks of the date of your request. We consider that it is reasonable, rather than include the information in this release, to allow it to go through the planned publication process. The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. You can view all FOI responses at Freedom of information (FOI): document collection - gov.scot

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 release because of falling within scope. However, this will be met by our planned publication and we also see no public interest in disrupting our programme of work to release the information ahead of the scheduled publication date. To include this material might delay release and/or increase the overall cost above the limits for such action.

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 202500467865 - Information released - Annex

File type

PDF

File size

6.2 MB