Correspondence on whether a correction to the Official Report was necessary regarding remarks on Professor Alexis Jay: FOI release

Information requested

You asked "for the period 16th September 2025 - date, please provide all internal and external correspondence (including by direct messaging application) and notes of phone calls or meetings (in person or virtual) which discuss the question of whether a correction to the Official Report was necessary with respect to remarks made in parliament by Angela Constance about Professor Alexis Jay on 16th September 2025. This should include all such material involving ministers, civil servants, or special advisers."

Response

I have attached documents which fall within the scope of your request.

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 section 38(1)(b) and section 30(b) of FOISA apply to some of the information I am releasing as part of this request.

The reasons why these exemptions apply are explained below.

Section 38(1)(b) - Personal data relating to third party

An exemption under section 38(1)(b) applies to part of the information requested as it is personal data of a third party, i.e., names and contact details of individuals. The Scottish Government does not disclose the names of individuals who are below Senior Civil Service level or equivalent in the instance of private sector individuals. The application of section 38(1)(b) is not subject to the 'public interest test' and has been applied where necessary throughout the response.

Section 30(b)(i) and 30(b)(ii) - Free and frank provision of advice or exchange of views

An exemption under section 30(b) 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 is subject to the public interest test. This means we have considered if the public interest in disclosing 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.

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 accessible to you. You can access that information here: Professor Alexis Jay correspondence with the Scottish Government: FOI release - gov.scot

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 202500498692 - Information Released - Emails

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