Documentation that mentions Lord Haughey: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, which is to/from or mentions Willie Haughey, from the last three months. The period in question is 16 July 2025 until 16 October 2025.

Response

I enclose a copy of some of the information you requested.

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 sections s.29(1)(a) (formulation or development of government policy), s.29(1)(b) (Ministerial communications), s.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views), 36(1) (claim to confidentiality of communications), and s.38(1)(b) (personal information)] of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption under section 29(1)(a) (formulation or development of government policy) applies to some of the information requested. Information is exempt if it relates to the formulation or development of 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 exemptions. 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 Ministers can request and be provided with information in confidence when considering the formulation of policy which, if implemented, may have a material impact for the interest of the public.

An exemption under section 29(1)(b) (Ministerial communications) applies to some of the information requested. Information is exempt if it relates to communications between Ministers. 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 exemptions. 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 Ministers can communicate freely with each other.

Exemptions under sections 30(b)(i) (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views) of FOISA applies to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views and the provision of advice for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 in order to provide free and frank advice and views to Ministers regarding lines to take. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

An exemption under section 36(1) (claim to confidentiality of communications) applies to some of the information requested. This exemption applies because legal advice privilege covers communications between lawyers and their clients where legal advice is sought or given. 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 and transparent government. However, there is a greater public interest in protecting the right of an individual or organisation to seek and obtain legal advice on a particular matter, in order to reach a settled position. In considering whether to release or withhold information under this exemption, I have taken account of whether communications are with a legal advisor or relate to advice sought or given by a legal advisor, that the legal advisor is acting in their professional capacity and in the context of their professional relationship with the Scottish Government (the client), and that the information contained within the communications is confidential.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie 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.

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 202500489398 - Information released - Annex

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PDF

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