Documentation relating to HMP Glasgow, prison overcrowding, youth violence and no fly zones at prisons: FOI release

Information requested

1. All documentation held by the government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, about the new HMP Glasgow, between February 15 2026 and March 15 2026? 

2. All documentation held by the government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, about the prison overcrowding, between February 15 2026 and March 15 2026?

3. All documentation held by the government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, about youth violence, between February 15 2026 and March 15 2026?

4. All documentation held by the government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, about no fly zones at prisons, between December 15 2025 and March 15 2026?

Response

Part 1

I enclose a copy of some of the information you requested in Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to the following exemptions:

Section 30(b) of FOISA (free and frank provision of advice or exchange of views) applies to some this information. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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 a private space within which officials can exchange views provide full and frank advice, as part of the process of exploring and refining the Government’s position until the Government as a whole can adopt a decision that is sound and likely to be effective.

Section 33(1)(b) (substantial prejudice to commercial interests) applies to some of this information.

This is because the construction contract for HMP Glasgow is a live contract and disclosing this information is likely to substantially prejudice the commercial relationship between the Scottish Prison Service (SPS) and the contractor. 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, we consider there is a greater public interest in avoiding substantial prejudice to commercial interests in this case.

Section 38(1)(b) of FOISA (personal information) applies to some of this information because it is personal data of a third party, i.e. names and 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.

Some of the information you have requested is available from the SPS website HMP Glasgow Business Case Summary.pdf

…and from the website of HM Inspectorate of Prisons for Scotland HM Chief Inspector's Annual Report 2024-25 | HMIPS

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
websites listed, then please contact me again and I will send you a paper copy.

Part 2

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the number of documents located in our initial search for the information requested and the time that it would take to prepare the information for release. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. This may be done by narrowing the scope of your request, for example, being more specific about the information you are seeking. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at:http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Part 3

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the number of documents located in our initial search for the information requested and the time that it would take to prepare the information for release. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. This may be done by narrowing the scope of your request, for example, being more specific about the information you are seeking. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at:http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Part 4

I enclose a copy of some of the information which was requested in Annex 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 due to the following exemption:

Section 28(1) of FOISA (Relations with the United Kingdom) applies to some of the information which you requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of all aspects of communications regarding preparations for potential regulations relating to no fly zones at prisons in Scotland is likely to mean that the UK Government is more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government the UK Government and the other devolved administrations, which would hinder progress on areas of work.

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 maintaining good relations between the Scottish Government and the UK Government and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as measures taken to prevent contraband entering prisons via drones and other sources at prisons.

Section 38(1)(b) of FOISA (personal information) applies to some of this information because it is personal data of a third party, i.e. names and 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.

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 202600513496 - Annex A and Annex B

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