Ministerial Code Advisers and Senior Civil Servants correspondence: FOI release

Information requested

1. All the correspondence between Scottish Ministers/special advisers/senior civil servants and any of the ministerial code advisers since 3 January 2025. This should include emails, instant messages, letters, meetings (and minutes of those meetings) and phone calls.

2. How many Scottish Government employees are seconded to work for the ministerial code advisers and what Scottish Government directorates they otherwise work in. If there are currently none, please state whether any Scottish Government employees have agreed to be seconded should the need arise, and what directorate they currently work in.

Response

1. You have asked for correspondence from 3 January 2025 until 22 October 2025. 
It may be helpful to note that there has also been a previous FOI published which asked for all communications to and from the three new Independent Advisers on the Ministerial Code from August 2024 up to 4 June 2025, which has been published under FOI-202500456442.

And

A further FOI which asked for all items of information in all correspondence between the First Minister, or his officials, and the Independent Advisers on the Scottish Ministerial Code, or their support, since 20 January 2025 and 24 February 2025 which was published under FOI - 202500454253.

I have therefore considered your request i relation to correspondence between 4 June 2025 and 22 October 2025. Some of the information you have requested is attached. While our aim is to provide information whenever possible, we are unable to provide some of the information you have requested because exemptions under sections 25(1) (Information otherwise accessible), 30(b)(ii) (Free and frank exchange of views) and 38(1)(b) (personal data of a third party) of FOISA apply to that information.

The reasons why these exemptions apply are set out in the annex to this letter.

2. I can confirm that there are no SG employees seconded or due to be seconded to work with Ministerial Advisers.
While our aim is to provide information whenever possible, and having conducted appropriate and proportionate searches for information in line with your requests, I can confirm that the Scottish Government holds no recorded information within the scope of your request.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Annex
Under section 25(1)Information otherwise available
Section 25(1) of FOISA, we do not have to give you information which is reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Some of the information you requested can be found on the following links
The Scottish Ministerial Code: independent advisers - gov.scot
Scottish Ministerial Code: 2025 Edition

Section 30(b)(ii) – Free and Frank Exchange of Views
An exemption under section 30(b)(ii) of FOISA (Free and Frank Exchange of Views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Disclosing the content of internal discussions may substantially inhibit such exchanges in the future if officials and Ministers cannot be confident that their views are being shared in confidence. 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 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, we consider that there is a greater public interest in maintaining a private space for free and frank internal discussion. 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.

Section 38(1)(b) (personal data of a third party)
Section 38(1)(b) applies to some of the information because it is personal data of a third party, in this case, the names of Scottish Government officials below the level of Senior Civil Servant, and personal email addresses. Disclosing this 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 202500490297 - Information Released - Annex

File type

PDF

File size

1.7 MB