Independent Advisers’ investigation canvassing information: FOI release

Information requested

A list of the officials (by name, or by position where naming is not possible) who “canvassed an opinion that Parliament may not have been misinformed” in the report of the Independent Advisers’ investigation into Angela Constance, published on 6th January 2026.

You also asked to be provided with all correspondence (by email or direct messaging application) and any other documentation relating to or mentioning the canvassing cited in the above quote.

Response

Some of the information you have requested is already available as follows on the Scottish Government website:

• Professor Alexis Jay correspondence with the Scottish Government: FOI release - gov.scot
• First Minister and Alexis Jay conversation materials: FOI release - gov.scot
• National Child Sexual Abuse and Exploitation Strategic Group minutes: October 2025 - gov.scot
• Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 17 December 2025
• Correspondence on whether a correction to the Official Report was necessary regarding remarks on Professor Alexis Jay: FOI release - gov.scot

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

We will shortly be releasing relevant further information as part of a response to another Freedom of Information request. An exemption under section 27(1) of FOISA applies to the information requested because we intended to publish this information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release some this information before the planned publication date. 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 of its high profile nature and relevance to current discourse around child protection issues, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

These releases outline that, following discussion and agreement with Professor Alexis Jay, civil servants advised the Cabinet Secretary for Justice and Home Affairs that the matter would be raised at the next meeting of the Child Sexual Abuse and Exploitation Strategic Group, as this would allow Professor Alexis Jay’s position on the remarks made to be placed on the public record. Consequently, in line with the agreed approach, civil servants did not prepare or share a draft correction to the Official Report with the Cabinet Secretary.

I have attached one additional document not included in the material referenced above.

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 202600500347 - Information released - Document

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