Police Division risk register information: FOI release

Information requested

1. The most recent risk register held by the Police: Finance, PIRC Sponsorship & Telecoms team that covers all team wide activities. Also a list of all Risk registers held by that team.

2. The most recent action log associated with that risk register.

3. The most recent minutes, papers, and action notes of any governance group, programme board, working group, or sub-group that is chaired, co-chaired, or formally led by the Police: Finance, PIRC Sponsorship & Telecoms team. Can I also have the risk register too.

For clarity, this includes groups relating to:

• Police Budget & Finance
• Police Estate
• Justice Portfolio Finance Management

Response

I enclose a copy of some of the information you requested, in electronic format.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested. This is because of exemptions under sections 29(1)(a) (formulation or development of government policy), 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views for the purposes of deliberation), 30(c) (effective conduct of public affairs) and 38(1)(b) (personal information), of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

Annex

Exemptions apply, not subject to the public interest test

Section 38(1)(b) – applicant has asked for personal data of a third party

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, ie names of individuals below the seniority of Senior Civil Servants, 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.

Exemptions apply, subject to the public interest test

Section 29(1)(a) - formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on national security, counter terrorism, serious and organised crime, international justice cooperation and veterans.

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 national security, counter terrorism, serious and organised crime, international justice cooperation and veterans 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.

Section 30(b)(i) - free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on risk will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to sensitive issues such as national security, counter terrorism, serious and organised crime, international justice cooperation and veterans.

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 can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s policy position on national security, counter terrorism, serious and organised crime, international justice cooperation and veterans, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 30(b)(ii) - free and frank exchange of views for the purposes of deliberation

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on risk will substantially inhibit such discussions in the future, particularly because these discussions relate to sensitive issues such as national security, counter terrorism, serious and organised crime, international justice cooperation and veterans.

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 explore and refine the Government’s policy position on national security, counter terrorism, serious and organised crime, international justice cooperation and veterans, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable 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 and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 30 (c) – substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to the majority of the information requested. Disclosing this information would substantially prejudice the statutorily independent work of the respective policy areas across Safer Communities - including sponsorship of the Scottish Fire and Rescue Service (SFRS) and the work of Police Division which includes, but is not limited to, the sponsorship of the Scottish Police Authority (SPA) and the Police
Investigations and Review Commissioner (PIRC) - by revealing information which could potentially compromise that sponsorship and hinder the development of policies. This would constitute substantial prejudice to decision making and the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the space for the effective sponsorship of major public bodies, such as the SFRS, SPA and PIRC.

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 202500494654 - Information released - Documents

File type

PDF

File size

1.5 MB