Correspondence held within Cabinet Secretary for Justice and Home Affairs’ Private Office mentioning Alexis Jay: FOI release

Information requested

You asked for all emails and email chains held by the following staff within the Cabinet Secretary for Justice and Home Affairs’ Private Office that mention “Alexis Jay” either in the body or subject between the time period of the 10 September to 19 November 2025:

• Private Secretary (C1)
• Deputy Private Secretary (B3)
• Deputy Private Secretary (B1)
• Assistant Private Secretary
• Any A4 officials supporting the Cabinet Secretary
• The Cabinet Secretary for Justice and Home Affairs (ministerial inbox)

Response

I enclose a copy of most of the information you requested. 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 exemptions under sections s.38(1)(b) (personal information), s.29(1)(a) (formulation of Government policy) and section 30(c) (effective conduct of public affairs). The reasons why these exemptions applies are explained below.

Exemption(s) under s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption relates to personal information and specifically the personal data of third parties. 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 s.30(c) (conduct of public affairs) of FOISA applies to some of the information you have requested. This exemption relates to 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 some public interest in release because it relates to an issue of concern to the public. However, this is outweighed by the public interest as disclosure of this advice would otherwise prejudice substantially the effective conduct of public affairs on this matter.

An exemption under s.29(1)(a) (formulation of Government policy) of FOISA applies to some of the information you have requested. This exemption relates to the formulation of the Scottish Government’s policy. 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on child protection policy will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

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 202500494500 - Information Released - Annex

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