Documentation about musician Paul McManus: FOI release

Information requested

All documentation held by the Scottish Government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings, analysis, advice, about Paul McManus, from 2026.

Response

I enclose a copy of some of the information you requested in response to your 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:

Section 36(1) of FOISA (confidentiality of communications - confidentiality in legal proceedings) applies to that information. This exemption applies to the information requested on the basis of legal advice privilege and litigation privilege. Legal advice privilege protects the confidentiality of communications between a client and their legal adviser. Litigation privilege applies to documents created in contemplation of litigation and to communications when litigation is either pending or being considered.

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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, and to maintaining the right to confidentiality in legal proceedings, like any other public or private organisation.

There is a strong public interest in maintaining confidentiality of communications between legal adviser and client, and when considering litigation. It is clearly in the public interest for lawyers to be able to provide free and frank legal advice to their clients, considering and discussing all issues and options, without fear that the advice might be disclosed and potentially taken out of context. It is also in the public interest that decisions are taken by the Government in a fully informed legal context. Ministers and officials therefore need high-quality, comprehensive legal advice for the effective conduct of their business. That advice needs to be given in context, and with a full appreciation of relevant facts. Without such legal advice, which can only be provided frankly and comprehensively in the knowledge that it will be kept in confidence, the quality of the Government’s decision-making would be much reduced since it would not be fully informed.

Section 38(1)(b) (personal data of a third party) Section 38(1)(b) applies to some of the information because it is personal data of a third party, including the names of Scottish Government officials below the level of Senior Civil Servant, and personal email addresses.

Disclosing this would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

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 202600506923 - Information released - Document

File type

PDF

File size

233.7 kB