Correspondence mentioning Minister of State for Prisons: FOI release

Information requested

Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis which are with/to/from or mention James Timpson, from the last three months?

Response

I enclose a copy of some of the information you requested in Annex A. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to the following exemptions:

Exemptions under 30(b) (i) and 30(b)(ii) of FOISA (free and frank provision of advice or exchange of views) apply to some this information. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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 a private space within which officials can exchange views provide full and frank advice, as part of the process of exploring and refining the Government’s position until the Government can adopt a decision that is sound and likely to be effective.

Exemptions under 38(1)(b) of FOISA (personal information) apply to some of this information because it is personal data of a third party, i.e. names and contact details of individuals, 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.

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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 202500485018 - Information released - Annex A

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