Information relating to Prison Population Assurance Group: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
1. Copies of the Group’s risk registers for the past two years (from November 2023 to the present).
2. Copies of the minutes of all Prison Population Assurance Group meetings held during the same two-year period.
3. Copies of the agendas for all meetings of the Prison Population Assurance Group during the same period.
4. The names and file paths of any ERDM folders used by the policy team or officials responsible for managing the Group that store material relevant to its operation (e.g. meeting papers, correspondence, reports, or analysis).
Response
For ease of reference, I have copied each of your questions and provided the response below. You have requested information from November 2023. The first meeting of the Prison Population Assurance Group was held on 20 August 2025, therefore the information provided is from this date.
1. Copies of the Group’s risk registers for the past two years (from November 2023 to the present).
The Prison Population Assurance Group does not have a risk register. This is because risk is recorded through the group’s Tracker document.
I have therefore enclosed a copy of the Tracker. 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 an exemption under sections 38(1)(b) Personal Information, 29(1)(a) Formation or Development of Policy, Section 30(b)(i) Free and frank provision of Advice and Section 30: Prejudice to effective conduct of public affairs of FOISA applies to that information.
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy), applies to some of the information requested because it relates to the development of the Scottish Government’s policy on the prison population.
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 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, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the prison population will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
2. Copies of the minutes of all Prison Population Assurance Group meetings held during the same two-year period.
The Prison Population Assurance Group does not have minutes. This is because the actions are recorded in the group’s Action Log.
I have therefore enclosed a copy of the Action Log.
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 an exemption under sections 38(1)(b) Personal Information, 29(1)(a) Formation or Development of Policy, 30(b)(i) Free and frank provision of Advice and 30(b)(ii) Free and frank exchange of views for the purposes of deliberation of FOISA applies to that information. The reasons why these exemptions apply are explained under the response to the earlier question.
3. Copies of the agendas for all meetings of the Prison Population Assurance Group during the same period.
I enclose a copy of the Agenda’s from the Prison Population Assurance Group.
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 an exemption under section 29(1)(a) Formation or Development of Policy applies to that information. The reasons why these exemptions apply are explained under the response to the earlier question.
4. The names and file paths of any ERDM folders used by the policy team or officials responsible for managing the Group that store material relevant to its operation (e.g. meeting papers, correspondence, reports, or analysis).
While our aim is to provide information whenever possible, under section 14(1) of FOISA public authorities are not required to comply with a request for information if the request is vexatious. The Scottish Information Commissioner’s guidance on vexatious requests at: http://www.itspublicknowledge.info/Law/FOISAEIRsGuidance/Section14/Vexatious_or_repeated_requests.aspx says that
“The following factors will be relevant to a finding that a request (which may be the latest in a series of requests or other related correspondence) is vexatious:
1. it would impose a significant burden on the public authority.
2. it does not have a serious purpose or value.
3. it is designed to cause disruption or annoyance to the public authority.
4. it has the effect of harassing the public authority.
5. it would otherwise, in the opinion of a reasonable person, be considered to be manifestly unreasonable or disproportionate.”
We consider that some of these factors apply to your request. eRDM is the electronic Record and Document Management system which is used by Scottish Government Civil Servants to store and manage official documents. Disclosing file names falls under factor ii in that in doing so would not have a serious purpose or value.
We are also aware that you have requested the same ask for some other topics. It is considered that the list of documents at the time a search is undertaken does not have serious purpose or value, even though it is acknowledged the topics asked about are of some public interest. Such a request, is considered to be effectively a ‘fishing expedition’ and is considered vexatious.
For these reasons, we consider that your request is vexatious, and we are not obliged to comply with it.
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.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG