Former Cabinet Secretary for Justice and Scottish Police Federation meeting on 30 January 2020: FOI release

Information requested

All information held by the Scottish Government in relation to the meeting held on 30 January 2020 involving:

• Humza Yousaf MSP, then Cabinet Secretary for Justice;
• Peter Watson, Solicitor for the Scottish Police Federation; and
• David Kennedy, Scottish Police Federation

Specifically, you are seeking:

• Any minutes, file notes, attendance notes, or internal memoranda prepared by or for the Scottish Government in relation to that meeting;
• Any briefing papers or preparatory notes created for the Cabinet Secretary for Justice in advance of the meeting; and
• Any follow-up notes, correspondence, or summaries prepared or circulated within the Scottish Government following the meeting.

You advised that your request includes handwritten notes, typed records, internal emails, or other records (whether draft or final) relating to the meeting.

Response

I enclose a copy of most 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 FOISA applies to that information.

Section 29(1)(a) (policy formulation)

Some information requested is exempt under Section 29(1)(a) of FOISA, as it relates to the formulation or development of government policy. This exemption is intended to protect the integrity of the policy- making process by allowing officials and Ministers to explore options and debate proposals candidly, without concern that preliminary or sensitive discussions will be disclosed prematurely. While there is a public interest in transparency, in this case we consider that the public interest in maintaining a private space for effective policy development outweighs the public interest in disclosure.

Sections 30(b)(ii) (Free and frank exchange of views) and Section 30(b)(i) (Free and frank provision of advice)

These exemptions apply because disclosure would, or would be likely to, substantially inhibit the free and frank provision of advice and the free and frank exchange of views for the purposes of deliberation. Ministers and officials require a private space to consider all options, seek candid advice, and engage in robust discussion before reaching a settled public position. Disclosure of such material could reduce the quality of future advice and deliberation, as individuals may feel constrained in expressing honest views. While we recognise the public interest in transparency and accountability, we have concluded that, in this case, the public interest in maintaining a safe space for policy development outweighs the interest in disclosure.

Section 38(1)(b) (personal data of a third party)

Information has also been withheld under Section 38(1)(b) of FOISA, as it constitutes personal data of a third party. Disclosure would contravene the data protection principles set out in Article 5(1) of the UK GDPR, particularly the requirement to process personal data lawfully, fairly, and transparently. This exemption is absolute and not subject to the public interest test, meaning we are not required to consider whether the public interest in disclosure outweighs the interest in protecting the individual's personal data.

Section 36(1) (Confidentiality in legal proceedings (covers legal advice))

We have withheld one document under section 36(1) of FOISA. This exemption applies because the information consists of legal advice and is therefore subject to legal professional privilege. Disclosure would undermine the confidentiality of communications between legal advisers and their clients. This exemption is subject to the public interest test and we have considered whether the public interest in disclosing the information outweighs the public interest in maintaining the exemption. There is a general public interest in transparency and accountability of public authorities, which disclosure would support. However, there is a strong public interest in ensuring that legal advice remains confidential. If such advice were routinely disclosed, it could inhibit the ability of public authorities to obtain candid legal guidance. On balance, we consider that the public interest in maintaining the confidentiality of legal advice outweighs the public interest in disclosure in this case.

Where exemptions have been applied it is noted in the documents provided.

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 202500491057 - Information Released - Annex

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