Multi Agency Public Protection Arrangements (MAPPA) National Strategic Group and Development Group meeting information: FOI release

Information requested

All information contained in minutes of and papers presented to the meetings of the MAPPA National Strategic Group and MAPPA Development Group over the previous two years.

I have taken that request to be two years from the date of your correspondence.

Response

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.

Exemption 29 (1) (a) of FOISA ( formulation/development of Government policy) applies to some of this information. This exemption applies because disclosure would, or would be likely to inhibit the development and formulation of Government policy in this instance in particular where that policy relates to public safety and protection thereof. This exemption recognises the need for Ministers, officials and stakeholders to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public position. 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 and stakeholders can formulate and develop policy as part of the process of exploring and refining the Government’s position until the Government can adopt a sound, clear and effective policy position. Early disclosure could undermine the integrity of process, reducing the quality of advice, resulting in less effective policy outcomes which could impact on public protection.

Exemptions 30(b) (i) & (ii) of FOISA (free and frank provision of advice or exchange of views) also applies to some of 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, officials and stakeholders 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 and stakeholders can exchange views in a free and frank manner 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. Early disclosure could lead to selfcensorship, reducing the quality of debate and advice, and ultimately harming the decision-making process.

Some of the information relating to application of exemption 30 (b) (i) and (ii) is regarding free and frank exchange of advice and views relating to consideration of certain draft documentation. The final documentation has either been released as part of this FOI or can be found on the Risk Management Authority website - Sexual Offending - RMA - Risk Management Authority

Exemption 30 (c) of FOISA (prejudice to effective conduct of public affairs) has also been applied to certain documents. This exemption recognises that disclosure of such information at this time would or would likely prejudice substantially the 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 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 for issues to be discussed candidly and to prevent harm to the decisionmaking process or operational effectiveness. Release of certain data as it pertains to risk assessment tools would undermine the whole ethos of MAPPA and wider public protection.

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 202500494239 - Information released - Annex A

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