Correspondence sent and received by Scottish Government bodies in relation to Non-Harassment Orders: FOI release

Information requested

• Copies of all correspondence (sent and received) and minutes from meetings between the Scottish Government and The Scottish Sentencing Council which explore/discuss the provision of Non-Harassment Orders in relation to this bill or otherwise.
• Copies of all correspondence (sent and received) and minutes from meetings between the Scottish Government and The Scottish Courts & Tribunals Service which explore/discuss the provision of Non-Harassment Orders in relation to this bill or otherwise.
• Copies of all correspondence (sent and received) and minutes from meetings between the Scottish Government and any other relevant public bodies, charities or organisations (for example Rape Crisis Scotland & Scottish Womens Aid) which explore/discuss the provision of Non-Harassment Orders in relation to this bill or otherwise.
• Copies of any internal correspondence (sent and received), minutes from meetings or briefings which explore/discuss the provision of Non-Harassment Orders in relation to this bill or otherwise.

Response

I enclose copies of some 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.29(1)(a) Formulation or development of Scottish Government policy;
• s.30(b)(i) Free and frank provision of advice;
• s.30(b)(ii) Free and frank exchange of views;
• s.30(c) Otherwise prejudice effective conduct of public affairs;
• s.36(1) Confidentiality in legal proceedings (covers legal advice); and
• s.38(1)(b) Personal data relating to third party

of FOISA applies to that information.

Exemptions s.29(1)(a), s.30(b)(i), s.30(b)(ii), s.30(c), and s.36(1) are 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 recognise that there is public interest in transparency and accountability in the work of the Government. Disclosure of the information withheld under s.29(1)(a), s.30(b)(i), s.30(b)(ii) and s.30(c) could enhance public understanding of the development of policy, the reasoning behind decisions made by Ministers.

However, we consider that these interests are outweighed by the need to maintain the space for discussion and advice that supports effective government. Releasing information under s.29(1)(a), s.30(b)(i), s.30(b)(ii) and s.30(c) could compromise the integrity of the policymaking process.

We also recognise that there is public interest in understanding the reasoning behind the legal basis of decisions taken by public authorities. However, withholding information under section s.36(1) ensures that legal advice and discussion of the policy implications of that legal advice remains confidential. On balance, withholding information under s.36(1) ensures that officials can obtain confidential, candid legal advice.

Exemptions under s.38(1)(b) are 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.

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 202600500267 - Information released - Document 1 - 28

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