Lord Advocate correspondence regarding the criminal case against former Chief Executive of the SNP: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Please provide all emails sent or received by the Lord Advocate and/or her advisers on Tuesday 17th, Wednesday 18th and Thursday 19th February 2026 regarding the release of a Freedom of Information request that showed the Lord Advocate sent a minute updating the First Minister on developments in the criminal case against Peter Murrell, and/or the urgent question on that same matter answered by the Lord Advocate in the Scottish Parliament on 18th February.
Response
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 30(b)(i) and (ii), 30(c), 36(1) and, 38(1)(b) of FOISA apply. The reasons why these exemptions apply are explained below.
Sections 30(b)(i) and (ii) – free and frank provision of advice and the free and frank exchange of views for the purpose of deliberation
Exemptions under sections 30(b)(i) (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views for the purpose of deliberation) apply to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank
provision of advice and the free and frank provision of views. These exemptions recognise the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials and to exchange views before the Scottish Government reaches a settled public position which will be given in parliamentary questions and press lines. Disclosing the content of free and frank advice and views on briefing material will substantially inhibit the provision of such advice in the future.
These exemptions are 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 a private space within which officials can provide full and frank advice to Ministers and other officials, as part of the process of briefing Ministers. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.
Section 30(c) – substantial prejudice to the effective conduct of public affairs
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information you have requested. This exemption applies because revealing the source of the Scottish Government’s legal advice on the content of briefing material would be likely to lead to conclusions being drawn from the fact that any particular lawyer has, or has not, provided advice, which in turn would be likely to impair the Government’s ability to take forward its work on briefing Ministers for parliamentary questions. 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 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 rules (reflected in the Scottish Ministerial Code: 2025 Edition - gov.scot at paragraphs 6.28 to 6.39) which prevents the Scottish Government from revealing either who provided legal advice on any matter or the contents of that legal advice. There is no public interest in breaching those rules by divulging which lawyers provided advice on any issue.
Section 36(1) – legal advice
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.
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.
Section 38(1)(b) – applicant has asked for personal data of a third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information you have requested because it is personal data of a third party, i.e. names and contact details of junior staff members 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.
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.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG