Correspondence and meetings relating to Sheku Bayoh: FOI release

Information requested

Meetings
a) The total number of meetings - formal or informal - held between Humza Yousaf MSP and Aamer Anwar at which the death of Mr Sheku Bayoh, the investigation into it, or the possibility or establishment of a Public Inquiry were discussed.

b) The dates, times, and locations of each such meeting.

Records / Minutes
c) Copies of any minutes, attendance notes, agendas, or summaries produced from these meetings, whether prepared by the Scottish Government, Mr Yousaf’s private office, or any other relevant official.

Correspondence
d) Copies of all correspondence between Humza Yousaf MSP (or his private office or advisers) and Mr Aamer Anwar relating to the death of Mr Bayoh or the Public Inquiry, including but not limited to: Emails; Letters; Text messages; WhatsApp or other encrypted messaging app communications; Any other form of written or electronic communication.

Response

I enclose a copy of the information you requested in the format you asked for. Some of the information you requested in questions c) and d) has 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.

The answers to your questions are:

Meetings
a) There were three meetings between Humza Yousaf MSP and Aamer Anwar at which the death of Mr Sheku Bayoh, the investigation into it, or the possibility or establishment of a Public Inquiry were discussed.

b) The details of these meetings requested are listed below:

	Date	Time	Location
1	3 October 2018	1:45pm	Scottish Parliament, Edinburgh
2	12 November 2019	12pm	Scottish Parliament, Edinburgh
3	24 February 2020	11am	Atlantic Quay, Glasgow

c) Details of attendees and an overview of the agenda for these meetings is detailed below. Minutes of meetings, where available, are attached separately.

Meeting 1 – 3 October 2018
Meeting title: Meeting the family of Sheku Bayoh
Agenda: To hear the family’s perspective on the investigation of the circumstances surrounding Mr Bayoh’s death
Attendees:

• Humza Yousaf, Cabinet Secretary for Justice
• Mr Aamer Anwar, Aamer Anwar & Co.
• Tony Convery, Aamer Anwar & Co.
• Kadijatu Johnson, Bayoh family
• Adama Jalloh, Bayoh family
• Deborah Coles, Inquest
• Gillian Russell, Scottish Government
• [REDACTED - Section 38(1)(b)]. Press Officer, Scottish Government

Minute: A note of the meeting was sent from Mr Yousaf to the First Minister but this is being withheld under Section 29(1)(b) – Ministerial communications of FoISA.

We have applied the exemption under Section 29(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA) because the information requested relates to Ministerial communications. This exemption covers communications between Scottish Ministers. The purpose of this exemption is to protect a private space for Ministers to discuss policy options. Disclosure of such communications would undermine that process. As Section 29 is a qualified exemption, we have considered the public interest test. While there is a public interest in transparency and accountability, we have concluded that the greater public interest lies in maintaining the integrity of policy development and decision-making by allowing Ministers to communicate freely without the expectation of immediate disclosure.

Meeting 2 – 12 November 2019
Meeting title: Meeting the family of Sheku Bayoh
Agenda: Courtesy meeting ahead of the statement to announce the Inquiry to outline the content of the statement to Parliament and to advise the family of next steps.
Attendees:

• Nicola Sturgeon, First Minister
• Humza Yousaf, Cabinet Secretary for Justice
• Aamer Anwar, Aamer Anwar & Co.
• Aminata Bayoh, Bayoh family
• Kadijartu Johnson, Bayoh family
• Adeyemi Johnson, Bayoh family
• Tony Convery, Aamer Anwar & Co.
• Chloe Brown, Aamer Anwar & Co.
• Deborah Coles, Inquest
• [REDACTED - Section 38(1)(b)], Private Secretary, Scottish Government

Minute: Not held. While our aim is to provide information whenever possible, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Meeting 3 – 24 February 2020
Meeting title: Meeting the family of Sheku Bayoh
Agenda: Meeting to discuss the scope of the Public Inquiry into the death of Sheku Bayoh, specifically the Terms of Reference and appointment of Assessors to ensure the issue of diversity is covered.

Attendees:

• Humza Yousaf, Cabinet Secretary for Justice
• Kadi Johnson, Bayoh family
• Adie Johnson, Bayoh family
• Colette Bell, partner of Mr Bayoh
• Lorraine Bell, mother of Ms Bell
• Aamer Anwar, Aamer Anwar & Co.
• Golnaz Ghanatpisheh, Aamer Anwar & Co.
• Dorothy Bain QC,
• [REDACTED - Section 38(1)(b)], Scottish Government

Minute: Note of meeting attached separately

d) Copies of emails and letters between Mr Yousaf and Mr Anwar relating to the death of Sheku Bayoh are attached separately.

A search of Mr Yousaf’s Government and personal electronic devices did not produce any text or whatsapp messages in scope of this request. While our aim is to provide information whenever possible, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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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 202500491784 - Information Released - Annex

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