Documents which mention section 52 of FOISA and First Minister to cease the effect of a Scottish Information Commissioner (SIC) decision: FOI release

Information requested

All communications/documents which mention section 52 of FOISA/the ability of the FM to cease the effect of a SIC decision notice since January 2024.

Response

I enclose a copy of some of the information you requested. Much of that information relates to the Scottish Government's engagement with the Freedom of Information (Reform) Scotland Bill, introduced in the Scottish Parliament by Katy Clark MSP on 2 June and which is currently at Stage 2 of the legislative process. Some of the information provided in internal briefing notes does not refer directly to section 52 but is included to provide context to the discussions around the Bill.

The Bill proposes the repeal of section 52 of FOISA. The Scottish Government's position on that matter is set out in the Minister for Parliamentary Business and Veteran's memorandum to the Standards, Procedures and Public Appointments Committee dated 13 November 2025 and the Minister's response to the Committee's Stage 1 report dated 13 February 2026:

Letter from the Minister for Parliamentary Business and Veterans dated 13 November 2025 | Scottish

Parliament Website

Freedom of Information Reform Scotland Bill 13 February 2026 | Scottish Parliament Website

You may also wish to note the oral evidence provided on this matter by the Minister and Scottish Government officials to the Committee on 20 November 2025:

Meeting of the Parliament: pa/20/11/2025 | Scottish Parliament Website

Detailed information about the consideration and application of exemptions in response to this request is set out below and in the Annex to this letter. However, in general when responding to this request I have provided information which reflects, or illustrates the background to the Scottish Government's public position on these matters. Exchanges relating to the further refinement and development of that position in expectation of further legislative proceedings are withheld. This reflects the fact that the Bill and the specific legislative proposals contained within it remain live issues, where active policy formulation and development are taking place.

A number of other documents relating to the Bill, and which refer to its proposals in relation to section 52, including a copy of the Bill itself and its accompanying documents, individual responses to the Committee's call for views, a Scottish Parliament Information Centre (SPICe) briefing on the Bill and the Committee's Stage 1 report are available via the Bill's webpages on the Scottish Parliament website:

Freedom of Information Reform (Scotland) Bill | Scottish Parliament Website

The Member's original consultation on her Bill, the analysis of responses to that consultation and individual responses to it are available on the Member's own website:

FOI Reform – Katy Clark MSP

Some of the above mentioned documents are also held by the Scottish Government. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you have any difficulty in accessing the information from the websites listed above, please contact me and I will endeavour to assist.

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 29(1)(a) (formulation and development of policy), 30(b)(i) (free and frank advice), 30(b)(ii) (free and frank exchange), 30(c) (substantial prejudice to the effective conduct of public affairs) and 36(1) of FOISA apply to that information.

These exemptions are each subject to the public interest test. The reasons why these exemptions apply, and how we have considered the public interest test in relation to each, are explained in the Annex to this letter.

An exemption under section 38(1)(b) of FOISA also applies to some of the information you have requested. The exemption has been applied to the personal names and contact information of junior staff members (i.e. to staff members who are not Senior Civil Servants) throughout.

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 202600506970 - Information Released - Annex

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