Documentation that mentions Former SNP Chief Executive Officer: FOI release

Information requested

Please disclose any emails or WhatsApps sent between Scottish Government officials, including any special advisers, which contain the words “Peter Murrell” sent between 1 January 2026, and February 17, 2026.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available from the Scottish Government website at:

https://www.gov.scot/publications/foi-202600502246/, and from https://news.stv.tv/politics/lord-advocate-denies-giving-firstminister-political-advantage-in-murrell-case. 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.

Section 17(1)

Mobile messaging apps, including WhatsApp, have been removed from Scottish Government devices since June 2025. The policy applies to all Scottish Government employees including contractors, senior civil servants, special advisers and Ministers, and states that mobile messaging apps and non-corporate communication channels will not be permitted on government devices. Given this policy, an exemption under section 17 of FOISA (information not held) applies to the element of your request which seeks WhatsApps. 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.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Section 30(b)(ii)

An exemption under section 3(b)(ii) of FOISA (free and frank exchange of views) also applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for the requirement of a private space within which to discuss and explore options before a settled view is reached. Disclosing the content of free and frank discussions would substantially inhibit such discussions in the future.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing for a private space in which to explore and refine options before a settled view is reached. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 36(1)

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 section 36(1) (confidentiality of communications) apply to some of the information requested. This applies to some the information requested because it is legal advice and disclosure would breach legal professional privilege.

There is a strong public interest in maintaining confidentiality of communications between legal adviser and client. 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.

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, like any other public or private organisation, about compliance with civil and criminal law.

Section 38(1)(b)

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 section 38(1)(b) (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names/contact details of individuals, and disclosing it 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.

Section 30(c)

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. This exemption applies because your request covers information which reveals the source of the Scottish Government’s legal advice and releasing this information would be likely to lead to conclusions being drawn from the fact that any particular lawyer has, or has not, provided advice, so impairing the Scottish Government's ability to take appropriate legal advice. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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 a public interest in disclosing information about the provision of legal advice as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in enabling the Scottish Government to determine how and from whom it receives legal advice, without facing external pressure or concerns that particular conclusions may be drawn from the fact that any particular lawyer has or has not provided legal advice on a particular matter. Releasing information about the source of legal advice would also be a breach of the long-standing Law Officer Convention (reflected in the Scottish Ministerial Code) which prevents the Scottish Government from revealing whether Law Officers either have or have not provided legal advice on any matter. There is no public interest in breaching that Convention by divulging which lawyers provided advice on any issue.

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 202600507146 - Information Released - Documents

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