Correspondence with Former Chief of Staff to the Former First Minister: FOI release

Information requested

For the period 1st January 2024 to 30 June 2025, please provide copies of all correspondence between the Scottish Government (including ministers, civil servants, press officers, and special advisers) and Liz Lloyd, former Chief of Staff to Nicola Sturgeon.

In addition, and over the same period, please provide a list of meetings involving the Scottish Government and Liz Lloyd. For each meeting, please provide the agenda, and any notes/minutes recording what was discussed, plus a full list of attendees.

Response

Question 1: I have taken the period of your request to apply from 1 January 2024 to 30 June 2025.

I enclose some of the information you requested. In the information attached there is an application under the Business Appointment Rules for outside employment after leaving the government. This contains an expected start date of 6th March 2025. This was subject to change and a start date of 19th May 2025 was the finalised date of taking up the role.

Whilst 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 Section 25 (information otherwise accessible, Section 30(b)(i) (free and frank provision of advice), Section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation), Section 30(c) (substantial prejudice to the effective conduct of public affairs), Section 36(1) (confidentiality), Section 36 (2) (actionable breach of confidence), Section 37 (i)(b)(ii)(court records) and Section 38(1)(b) (applicant has asked for personal data of a third party) of FOISA apply. The reasons why those exemptions apply are explained below.

Section 25 – information otherwise accessible. Some of the correspondence contains attachments which are publicly available.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

• Transcript of Module 2A Public Hearing on 01 February 2024 - UK Covid-19 Inquiry.
• FOI+Review+202400426539+-+Information+Released+-+Annex.pdf
• Former First Minister's messages during the Covid 19 pandemic: FOI release - gov.scot

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

Exemptions under Section 30(b)(i)(free and frank provision of advice) and section 30(b)(ii) (free and frank exchange of views) of FOISA apply to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and the free and frank exchange of views for the purposes of deliberation. These exemptions recognise the need for officials to have a private space within which to provide free and frank advice and exchange of views with others before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice and the free and frank exchange of views will substantially inhibit the provision of such advice in the future. For these reasons, I have concluded that the exemptions apply. 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 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 allowing a private space within which officials can provide full and frank advice to others, and receive their views, as part of the process of supporting individuals responding to the Inquiries.. This private thinking space is essential to enable all options to be properly considered, based
on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the Scottish Government’s policy and decision making, which would not be in the public interest.

Section 30(c) – substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA applies to some of the information you have requested. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. We consider that the release of information you have requested would negatively impact the effective conduct of both the Scottish and UK Covid-19 Inquiries and substantially prejudice ongoing independent investigations.

We also consider that the release of some of the information you have requested would negatively impact the effective conduct of the Scottish Government.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this part of your request , 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. As such, whilst details of any such correspondence with the UK Covid-19 Inquiry and of other correspondence may be of interest to the public, in the long term it is in the interest of the public for this material to remain confidential to allow both Inquiries to successfully formulate lessons that we can learn from for future pandemics, and for the Scottish Government to effectively conduct its business.

Section 36(1) - confidentiality in legal proceedings

An exemption under section 36(1) of FOISA applies to the information requested and disclosure would breach legal professional privilege. The exemption under section 36(1) of FOISA 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 that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications.

Section 36(2) – actionable breach of confidence

An exemption under section 36(2) of FOISA applies to some of the information requested because it was obtained from Ms Lloyd in relation to an external appointment and disclosure would constitute an actionable breach of confidence. This is because the information is confidential, was provided in circumstances which imposed an obligation on the Scottish Government to maintain that confidentiality, and unauthorised disclosure would be to the detriment of the Resourcing Team who provided the information. 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 37 (1)(b)(ii) – court records

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information (an attachment to an email) you have requested because an exemption under Section 37(1)(b)(ii) of FOISA applies to that information. This is because information is contained within a document which was created by a person conducting an inquiry or arbitration, for the purposes of that inquiry or arbitration and this information is held by the Scottish Government solely because it is contained within such a document.

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

Section 38 (1)(b) applies to some of the information requested because the information is personal data of a third party, ie contact details of Scottish Government staff. 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.

Question 2: I have provided the information you have requested at the end of Annex A.

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 202500473602 - Information Released - Annex A

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