Correspondence between the Justice Secretary and Professor Alexis Jay: FOI release

Information requested

1. Any record provided by the Justice Secretary Angela Constance to her private ministerial office or other Scottish government officials of her call with Professor Alexis Jay on December 6, 2025.

2. Confirmation of whether any other Scottish Government officials were on the call and if any minute was taken.

3. Provision of any follow-up correspondence between the Justice Secretary’s private ministerial office and other Scottish Government officials about the call between the date of the call and today’s date.

Response

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) and section 30(b)(i) (provision of advice) FOISA applies to that information. The reasons why these exemptions apply are explained below.

Some of the information you have requested is publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. You can access that information here: Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 17 December 2025 and Professor Alexis Jay correspondence with the Scottish Government: FOI release - gov.scot

At question 2 in your request you ask “whether any other Scottish Government officials were on the call”. There were no Scottish Government officials on the call between the Cabinet Secretary for Justice and Home Affairs and Alexis Jay. The phone call took place on Monday 1st December 2025. The minute is provided in the link above.

An 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 person data of third parties. This applies in this case as the information you have requested includes detailed 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(b)(i) (provision of advice) of FOISA applies to some of the information you have requested. This exemption relates to the free and frank provision of advice. 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 likely have an inhibiting effect on the provision of advice on this matter. 

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