Communication between the Scottish Government and Secretariat regarding notes from Former Independent Adviser: FOI Review

Information requested

Original Request 202500482660

1. I request all communications between the Scottish Government and the Secretariat in regards to the first two sentences of the above passage (i.e. the request for any notes, and the secretariat confirming that she did not receive any WhatsApps)

2. Why did the Secretariat state that she did not receive any WhatsApps from Mr Hamilton when a separate FOI response (and the paragraph above) shows that she and Mr Hamilton communicated through WhatsApp?

3. Was the secretariat when asked for the information by Scottish Government, told that the information was requested/would be used as part of an SIC investigation?

4. Has there been any form of investigation or disciplinary action into the Secretariat for providing incorrect information to the Scottish Government/SIC?

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

“In SIC decision notice 144/2025, the following passage paragraph 20:

For completeness, the Authority asked the Secretariat for the Review whether any notes were transmitted from Mr Hamilton. The Secretariat confirmed that they did not receive any notes of meetings, interviews, handwritten notes, WhatsApp messages or notes of any other kind from Mr Hamilton to save to the folder for the Review. The Commissioner is however aware of a subsequent FOI request in which WhatsApp messages between Mr Hamilton and his Secretariat were found by the Authority (and subsequently released to the requestor). The Authority’s submission that it did not hold WhatsApp messages will therefore be considered as part of the Commissioners ongoing intervention. The message contents are however not directly pertinent to this appeal.

1. I request all communications between the Scottish Government and the Secretariat in regards to the first two sentences of the above passage (i.e. the request for any notes, and the secretariat confirming that she did not receive any WhatsApps)
2. Why did the Secretariat state that she did not receive any WhatsApps from Mr Hamitlon when a separate FOI response (and the paragraph above) shows that she and Mr Hamilton communicated through WhatsApp?
3. Was the secretariat when asked for the information by Scottish Government, told that the information was requested/would be used as part of an SIC investigation?
4. Has there been any form of investigation or disciplinary action into the Secretariat for providing incorrect information to the Scottish Government/SIC?”

I have concluded that the original decision should be confirmed, with modifications. I have reconsidered our initial response to each of your questions below.

​​​​​​​Part 1) You queried how this information could not be held by the Scottish Government.

I have reviewed the searches conducted, and have carried out additional searches at review stage. I have concluded that you were correctly informed under section 17(1) of FOISA that the Scottish Government does not hold the specific information you requested.

​​​​​​​Part 2) You expressed confusion regarding the response provided, particularly in light of the paragraph quoted in your request from the SIC’s decision notice 144/2025.

​​​​​​​To clarify: Mr Hamilton did not transmit any materials — including WhatsApp messages — to the Secretariat for inclusion in the folder. However, the Secretariat was already in possession of WhatsApp messages from Mr Hamilton prior to the review process (these were messages between Mr Hamilton and the Secretariat, copies of which have been disclosed to you), and these were retained by the Secretariat and saved to the folder.

​​​​​​​I acknowledge that this distinction may have caused confusion, and I appreciate your request for further clarity. Based on this review, I have concluded that the original response was accurate, though I recognise that the explanation with respect the WhatsApp messages could have been clearer.

However, this is a formal notification under section 17(1) of FOISA that the information you requested at part 2) of your original request is not held by the Scottish Government.

​​​​​​​Part 3) I can confirm that the initial response is correct, and further notify you that this is a formal notification under section 17(1) of FOISA that no information is held because we do not possess any recorded information relevant to your request.

​​​​​​​Part 4) I can confirm that the initial response is correct, and further notify you that this is a formal notification under section 17(1) of FOISA that no information is held on “any form of investigation or disciplinary action into the Secretariat for providing incorrect information to the Scottish Government/SIC” because no such investigation or action has taken place.

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.