Witchcraft Act 1563 apology documentation: FOI release

Information requested

1. Any internal briefing notes or policy documents that outline the legal or moral rationale for providing a state apology for a 16th-century historic injustice.

2. Any documents discussing the state’s responsibility to acknowledge "evidence gaps" or the destruction of historical records caused by such state-sponsored actions. (Later clarified as “any recorded information discussing whether that state-sponsored action caused issues with the continuity of historical records for those affected”).

Response

1. Any internal briefing notes or policy documents that outline the legal or moral rationale for providing a state apology for a 16th-century historic injustice.

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

Some of the information you have requested is available online. For example, the speech made by the then First Minister, Nicola Sturgeon MSP, outlines the Scottish Government’s rationale for proceeding with the apology for the Witchcraft Act of 1563. This is available online here: International Women's Day 2022: First Minister's statement - 8 March 2022 - gov.scot. Further, the apology was made partly in response to public petition reference PE1855. Documents including minutes of meetings whereby this petition was considered at committee is available online here: PE1855 Pardon and memorialise those convicted under the Witchcraft Act 1563 | Scottish Parliament Website.

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 s.36(1), s.30(b)(i) and s.30(c) of FOISA applies to that information.

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 recognise that there is public interest in transparency and accountability in the work of the Government. Disclosure of the information withheld under sections s.36(1), s.30(b)(i) and s.30(c) could enhance public understanding of the development of policy and the reasoning behind decisions made by Ministers. However, we consider that these interests are outweighed by the need to maintain the space for discussion and advice that supports effective government. Releasing information under s.36(1), s.30(b)(i) and s.30(c) could compromise the integrity of the policy-making process.

An exemption under section s.38(1)(b) of FOISA also applies to some of the information you have requested. This involves exempting personal data relating to a third party from any documents released under this freedom of information request. 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.

2. Any documents discussing the state’s responsibility to acknowledge "evidence gaps" or the destruction of historical records caused by such state-sponsored actions. (Later clarified as “any recorded information discussing whether that state-sponsored action caused issues with the continuity of historical records for those affected”).

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. A search of our internal document repository system did not find any recorded information discussing whether there were issues with the continuity of historical records. This is therefore formal notice under section 17(1) of FOISA that the Scottish Government do not hold the information that you have requested under this heading.

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 202600509137 - Information Released - Documents

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