Football disorder in Scotland: FOI release

Information requested

“All documentation held by the Scottish Government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, about football disorder in Scotland, from the last three months” [16 June to 16 September].

Response

I attach a copy of most of the information you have requested.

Some of the information you have requested is available on the Scottish Government website already and can be found at: Football related disorder roundtable documentation: FOI release - gov.scot. 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 internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper 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 Section 29(1)(a) – formulation or development of government policy, Section 30(b)(i) – free and frank provision of advice, Section 30(b)(ii) – free and frank exchange of views and 38(1)(b) – personal information/data, apply. The reasons why these exemptions apply are explained below.

​​​​​​​Section 29(1)(a) – Formulation or Development of Government Policy

An exemption under section 29(1)(a) applies because disclosure would likely affect development of Scottish Government policy. 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 interest in the Scottish Government's policy development. However, this is outweighed by public interest in the Scottish Government being able to freely review and develop policy for the purposes of community safety. Disclosing development of policy and options being considered and discussed, particularly at the early stages of the policy process, could substantially inhibit such options being presented and discussed in the future.

​​​​​​​Section 30(b)(i) – Free and Frank Provision of Advice

An exemption under section 30(b)(i) applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. 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 interest in the Scottish Government's discussion of community safety issues. However, this is outweighed by public interest in the Scottish Government being able to freely give advice on sensitive issues and maintain ongoing working relationships with external stakeholders for the purposes of community cohesion and safety. Disclosing such free and frank exchanges of advice would substantially inhibit such advice being provided in the future.

​​​​​​​Section 30(b)(ii) – Free and Frank Exchange of Views

An exemption under 30(b)(ii) applies because disclosure would inhibit substantially the free and frank exchange of views for the purposes of deliberation. 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 interest in the Scottish Government's discussion of community safety issues. However, this is outweighed by public interest in the Scottish Government being able to freely discuss potentially sensitive issues and maintain ongoing working relationships with external stakeholders for the purposes of community cohesion and safety. Disclosing free and frank exchanges of views would substantially inhibit such views being provided in the future.

​​​​​​​Section 38(1)(b) – Personal Information/Data

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, for example names of individuals or other personal data such as phone numbers. Disclosing this data would contravene the data protection principles in the UK 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 202500484909 - Information Released - Annex

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