Correspondence regarding Legislative Consent Memorandum on the Equipment Theft (Prevention) Act: FOI release

Information requested

Any correspondence sent to or from the Scottish Government relating to the option of a Legislative Consent Memorandum on the Equipment Theft (Prevention) Act 2023 between 30 November 2022 and 20 July 2023.

Any correspondence sent to or from the Scottish Government’s Justice Directorate relating to the option of a Legislative Consent Memorandum on the Equipment Theft (Prevention) Act 2023 between 30 November 2022 and 20 July 2023.

Any correspondence sent to or from the Scottish Government’s Agriculture and Rural Economy Directorate relating to the option of a Legislative Consent Memorandum on the Equipment Theft (Prevention) Act 2023 between 30 November 2022 and 20 July 2023.

Response

Any correspondence sent to or from the Scottish Government relating to the option of a Legislative Consent Memorandum on the Equipment Theft (Prevention) Act 2023 between 30 November 2022 and 20 July 2023.

Any correspondence sent to or from the Scottish Government’s Justice Directorate relating to the option of a Legislative Consent Memorandum on the Equipment Theft (Prevention) Act 2023 between 30 November 2022 and 20 July 2023.

I have attached relevant correspondence, however exemptions relating to third party data (section 38(1)(b)) ; and the free and frank provision of advice (section 30(b)(i)) of FOISA apply to some of the information you have requested.

The exemption under the free and frank provision of advice (section 30(b)(i)) of FOISA 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 interest in release, however this is outweighed as the public interest sits with keeping a private space for officials to engage as if this space did not exist, it would inhibit the free and frank exchange of views. Therefore the public interest is not to release the information which is redacted under the free and frank provision of advice (section 30(b)(i))

Any correspondence sent to or from the Scottish Government’s Agriculture and Rural Economy Directorate relating to the option of a Legislative Consent Memorandum on the Equipment Theft (Prevention) Act 2023 between 30 November 2022 and 20 July 2023.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the  information you have requested.

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 202500487188 - Information released - Annex A

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