Cabinet Secretary for Justice correspondence regarding Scotland’s prisons hitting record capacity: FOI release

Information requested

• Please provide the date when Angela Constance and her officials were informed that Scotland’s prisons had hit a record capacity of 8,430 inmates.
• Please provide all correspondence between Angela Constance and her officials on this issue.

Response

The answer to your first question is Tuesday 21st October 2025.

In relation to your second question, I enclose a copy of some of the information you requested.

An exemption(s) under section(s) Section 38(1)(b), Section 30(b)(ii) and Section 30 of FOISA applies to some the information you have requested.

Section 38(1)(b) relates to personal Information which is subject to data protection.
Section 30(b)(ii) relates to the free and frank exchange of views for the purposes of deliberation.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information under this part of your request because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow Ministers some private space for discussion. This exemption is subject to the ‘public interest test’.

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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy-/decision-making process.

Section 30: Prejudice to effective conduct of public affairs

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 some public interest in release in the interests of transparency.

However, this is outweighed by the public interest in it may have a harmful effect on the conduct of public affairs, if disclosed.

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 202500491421 - Information Released - Annex

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