Serious Organised Crime (SOC) Taskforce meeting documents: FOI release

Information requested

Documents from the most recent meeting of the Serious Organised Crime (SOC) Taskforce.

Response

I enclose a copy of most of the information you requested. I have also attached a copy of one of the presentations at the Serious Organised Crime Taskforce meeting on 13 November. Please be aware that there is a video embedded within the presentation, which I’m unable to process through the system. Therefore, you will receive a separate email from myself with the video.

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 17(1)(b) (information not held), 27(1)(a)(i) (information intended for future publications), 30(c) (substantial prejudice to the effective conduct of public affairs [in relation to communications with external stakeholders]), 35(1)(a) (law enforcement) and 38(1)(b) (personal information) of FOISA applies to some the information requested.

The Serious Organised Crime Taskforce does not have a risk register and the minutes of the meeting on 13 November have not been formalised by the Chair and members. Therefore, this is a formal notice under 17(1)(b) of FOISA that the Scottish Government does not hold the information that you have requested.

An exemption under section 27(1)(a)(i) of FOISA applies to some of the information requested because it is due to be published within the next month, which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that time, rather than release this information before the planned publication date.

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 an open, transparent and accountable government and this will be met by our planned publication. However, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for officials to be able to communicate, often in confidence, with external stakeholders on issues. Disclosing the content of these communications and any information shared, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that information is likely to be made public, particularly while they may relate to a sensitive matter like serious organised crime. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on serious organised crime until the Government as a whole can adopt a policy that is sound and likely to be effective. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and external stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

An exemption under section 35(1)(a) of FOISA applies to the information because disclosure would, or would be likely to, substantially prejudice the work of law enforcement.

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. However, there is a greater public interest in ensuring that the work of law enforcement is adequately protected. This is essential to prevent, detect or investigate crime without those functions being prejudiced.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, including names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

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 202500493769 - Information released - Annex

File type

PDF

File size

2.5 MB