First Minister emails relating to Lord Advocate and former Chief Executive of the Scottish National Party: FOI release

Information requested

A copy of any email in the First Minister’s inbox (sent by him or received by him) relating to the Lord Advocate or Peter Murrell that was received or sent on 16th, February, 17th February, 18th February and 19th February.

Response

I enclose a copy of some of the information you requested. Exemptions under sections 25(1), 38(1)(b), 29(1)(c), 29(1)(d), 30(b), 36(1), 28(1) and 35(1)(c) of FOISA applies to some of the information you have requested. More information on these exemptions is set out below.

Section 25(1)

Some of the information you have requested is available from a previous FOI response you have received (202600508331). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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 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 29(1)(c)

Section 29(1)(c) (Law Officers’ Advice) applies to some of the information you have requested. 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 public interest in release as part of open and transparent government, given media and public interest in this case. 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 29(1)(d)

Section 29(1)(d) (Operation of a Ministerial Private Office) applies to some of the information you have requested. 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 public interest in release as part of open and transparent government, given media and public interest in this case. However, this is outweighed by the strong public interest in maintaining the ability of the First Minister's private office to operate effectively and fully support the First Minister to undertake their duties.

Section 30(b)

Section 30(b) (Free and Frank Advice) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation within the Scottish Government. This recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position, which will be given in whatever final Parliamentary answer Ministers then give. Disclosing the content of free and frank briefing material provided to the First Minister for First Minister’s Questions would substantially inhibit such briefing in the future, particularly because the provision of advice and discussions on issues are still ongoing, final decisions may have not been taken, and these discussions often relate to evolving and sensitive issues such as those raised at First Minister’s Questions. 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemption for the advice.

Section 36(1)

Section 36(1) (Confidentiality of Communications) applies to some of the information you have requested. 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 public interest in release as part of open and transparent government. 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 28(1)

Section 28(1) (Relations between Administrations in the UK) applies to some of the information you have requested. 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 public interest in release as part of open and transparent government. However, this is outweighed by the strong public interest in maintaining free and frank communications between the Scottish and UK Governments.

Section 35(1)(c)

Section 28(1)(c) (Administration of justice) applies to some of the information you have requested. 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 public interest in release as part of open and transparent government. However, this is outweighed by the strong public interest in protecting live proceedings against prejudice.

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 202600512647 - Information Released - Annex

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