Information relating to Criminal Justice Board meetings and file paths of ERDM folders relating to associated documents: FOI release

Information requested

Information…in relation to the Criminal Justice Board.

Please provide:

1. Copies of the Board’s risk registers for the past two years (from November 2023 to the present).
2. Copies of the minutes of all Criminal Justice Board meetings held during the same two-year period.
3. Copies of the agendas for all Criminal Justice Board meetings 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 Board that store material relevant to its operation (e.g. meeting papers, correspondence, reports, or analysis).

Response

In relation to point 1 of your request, in this instance the Scottish Government does not have some of the information you have requested as the Criminal Justice Board does not hold a specific Risk Register, however risk is covered in quarterly papers supplied to the Board.

In relation to points 2 and 3 of your request, I enclose a copy of some of the information you requested.

Some of the information you have requested is unable to be supplied because an exemption under section 38(1)(b) (personal information) of FOISA applies to that information. 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.

An exemption under section 33(1)(b) (disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation) of FOISA applies to some of the information you have requested. This is because it relates to a live tender exercise.

Exemption 30(b)(ii) of FOISA (free and frank provision of advice or exchange of views) also applies to some this information. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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, 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 provide full and frank advice, as part of the process of exploring and refining the Government’s position until the Government can adopt a decision that is sound and likely to be effective. 

In relation to point 4, the eRDM file path for all Criminal Justice Board documents is as follows:

SG File Plan > Crime, law, justice and rights > Justice System > General > Advice and policy: Justice System - general > Justice Directorate: Criminal Justice Board: Covid-19 Response: Advice and Policy: 2020-2025

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 202500491256 - Information released - Annex

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PDF

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