Documentation that mentions a Former First Minster: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, that mentions or is to/from Henry McLeish, from the last three months.

Response

I enclose a copy of some of the information you requested in the format you asked for.

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 apply under sections 30(c) (the effective conduct of public affairs) and 38(1)(b) (personal information) of FOISA applies to that information. The reason why these exemptions apply are explained in the Annex in this letter.

Annex

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for officials to be able to communicate, often in confidence, with Ministers on a range of issues, including internal policy decisions. Disclosing the content of these communications is likely to limit the Government’s ability to carry out services needed fully without frank discussion and could compromise the policy-making process by inhibiting the “safe space” for officials to develop policy options for fear of external pressure and premature public scrutiny. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed policies.

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 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 Ministers and officials a private space within which to communicate as part of the process of exploring and refining the Government’s policy position. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. Premature 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.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount the information requested because it is personal data of a third party, i.e. a person’s name and personal telephone number, 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 202500483477 - Information released - Documents

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PDF

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382.7 kB