Correspondence between the independent advisers to the ministerial code and Cabinet Secretary for Justice & Home Affairs: FOI release

Information requested

1. Could you supply all correspondence between the independent advisers to the ministerial code and Angela Constance, as well as between the advisers and the Scottish Government, from the last month?

2. Could you supply all advice given to Angela Constance regarding Professor Alexis Jay's request to clarify her comments over grooming gangs, including internal advice?

3. In the ministerial code report it states: " It is also the case that some Officials had canvassed an opinion that Parliament may not have been misinformed."

• Could you supply who canvassed this opinion, i.e civil servants or special advisers?

Response

I enclose a copy of some of the information you requested in response to your first question. 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 the following exemptions under sections:

• 38(1)(b) (personal data of a third party)
• 30(c) (the effective conduct of public affairs)
• 30(b)(ii) (free and frank exchange of views)
• 35(1)(g) as read with section 35(2)(b) (prejudice to public authority functions to ascertain whether a person is responsible for conduct which is improper)

of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

In response to your second and third questions, while our aim is to provide information whenever possible, in this instance we are unable to provide this because an exemption under FOISA applies to the requested information. This is a formal notice that an exemption under section 27(1) of FOISA applies to some of the information requested because that information will be published within 12 weeks of the date of your request.

The information requested is available on the Scottish Government website at:

https://www.gov.scot/publications/foi-202500498692/ 
https://www.gov.scot/publications/foi-202600500347/

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 the release of this information and we consider that this is met by the above publication.

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 202600501146 – Information released - Annex A

File type

PDF

File size

88.2 kB

FOI 202600501146 – Information released - Annex B

File type

PDF

File size

114.8 kB