Protests against housing asylum seekers in hotels: FOI release

Information requested

1. Please provide any internal or external government communications made since 13/03/2025 which relate to protestors demonstrating against the housing of asylum seekers in hotels.
2. Over the same timeline, please provide any communications which include any mentions of "Nazi", "Nazis", the "Homeland Party" or "Patriotic Alternative".
   If it is feasible and does not breach FOI time limits due to excessive results, please also include mentions of "far-right". Otherwise, please disregard the inclusion of "far-right".

Given there were two requests for different information within your FOI, we have treated them separately and have provided two responses below.

Response

Response to Request 1 – communications relating to asylum hotel protestors

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the long timeframe of the request and volume of documents. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

​​​​​​​You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. It may be helpful to submit a request with a shorter timeframe and be more specific about your intended information to reduce the parameters of the request. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

​​​​​​​Response to Request 2 – any communications which include any mentions of "Nazi”, "Nazis", the "Homeland Party" or "Patriotic Alternative”

​​​​​​​I enclose a copy of some of the information you requested in Annex A.

​​​​​​​Please note that some of the information within scope of your request was released on the UK Parliament and the Independent Reviewer of Terrorism Legislation website and is available online. For ease I am providing the links below.

Hansard - Suppression of Terrorism - 2 July 2025
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025

As per your instruction for “far – right” after conducting searches we have not proceeded with this as it would exceed the upper cost limit.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you requested, as these exemptions under FOISA apply: section 25(1) – information otherwise accessible; section 28 (relations within the UK); section 30(b)(i) free and frank provision of advice; section 30(b)(ii)(free and frank exchange of views) and section 30(c) (substantial prejudice to the effective conduct of public affairs). The reasons for these exemptions are explained in the following paragraphs.

You may find it helpful to know for future requests that information is filed and categorised on Scottish Government systems according to specific subject matter and that requests for information using standalone words or phrases can quickly exceed the upper cost limit. You may wish to consider reducing the scope of future requests by specifying, for example, particular meetings, dates or individuals which relate to your request for information.

Exemptions Applied

Section 25(1) – information otherwise accessible An exemption under section 25(1) of FOISA (Information otherwise accessible) applies to some of the information requested, as it can be reasonably obtained without asking for it under FOISA. 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.

Section 28 – relations within the United Kingdom An exemption under section 28 of FOISA (relations within the United Kingdom) applies to some of the information requested. Disclosure of this information would, or would be likely to, prejudice substantially relations between administrations in the UK (e.g. between Westminster and Holyrood). 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, in this case, there is a greater public interest in protecting work effectively and without inhibition or constraint.

Section 30(b)(i) free and fank provision of advice An exemption under section 30(b)(i) FOISA (free and frank advice and exchange of views) applies to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position. Disclosing the content of free and frank briefing material will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive issue.

Section 30(b)(ii) – free and frank exchange of views. An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. There is a significant probability that disclosing this information would, or would be likely to, restrain, decrease or suppress the freedom with which opinions or options are expressed in relation to the effective operation of the Scottish Government. 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, in this case, there is a greater public interest in protecting the free and frank exchange of views effectively and without inhibition or constraint.

Section 30 (c) – substantial prejudice to the effective conduct of public affairs. An exemption under section 30(c) of FOISA (substantial prejudice to the effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice the work of the Scottish Government, stakeholders and partners. This would constitute substantial prejudice 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 a public interest in disclosing information as part of open, transparent and accountable government.
However, in this case, there is a greater public interest in protecting the effective conduct of public affairs without inhibition or constraint.

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 202500494671 - Information Released - Annex A

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