Records relating to calls for a public inquiry into the Lockerbie air disaster: FOI release

Information requested

Records held by the Scottish Government relating to calls for a public inquiry or further inquiry into the Lockerbie bombing in the period between 1 January 2009 and 31 December 2012, including Ministerial briefings, internal correspondence, policy advice, decision records, records of meetings, correspondence with UK Government departments, media lines, handling notes or communications strategy documents.

Response

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

Some of the information you have requested is available from the Scottish Parliament website. This consists of information provided to the Parliament's Public Petitions Committee, the then Justice Committee and the Criminal Justice Committee in response to requests for information to assist its consideration of Public Petition PE1370, lodged by the campaign group Justice for Megrahi, calling on the Scottish Parliament "to urge the Scottish Government to open an independent inquiry into the 2001 Kamp van Zeist conviction of Abdelbaset Ali Mohmed al-Megrahi for the bombing of Pan Am flight 103 in December 1988." This can be found on the Scottish Parliament's website at: PE1370 Justice for Megrahi | Scottish Parliament Website.

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 referred to above, then please contact me again and I will send you a paper copy.

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) Free and frank provision of advice;
• 30(b)(ii) Free and frank exchange of views;
• 36(1) Confidentiality in legal proceedings (covers legal advice); and
• 38(1)(b) (Personal data relating to a third party)

of FOISA applies to that information.

Exemptions at sections 30(b)(i), 30(b)(ii) and 36(1) of FOISA 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.

An exemption under section 30(b)(i) applies to some of the information that you have requested. This provides that information is exempt if its release would substantially inhibit the free and frank provision of advice.

We recognise that there is public interest in transparency and accountability in the work of Government. Disclosure of information withheld under sections 30(b)(i) and 30(b)(ii) could enhance public understanding of the development of policy and the reasoning behind advice put to Ministers and decisions made by Ministers. However, we consider that in this case, with respect to some of the information, these interests are outweighed by the need to maintain a space within which officials can discuss issues before reaching a view and provide advice to Ministers that supports effective government. Releasing some of the information covered by sections 30(b)(i) and s30(b)(ii) could compromise the integrity of the policy-making process

We also recognise that there is public interest in understanding the reasoning behind the legal basis of decisions taken by public authorities. However, withholding information under section 36(1) ensures that legal advice and discussion of the policy implications of that legal advice remains confidential. On balance, withholding information under section 36(1) ensures that officials can obtain confidential, candid legal advice.

Exemptions under section 38(1)(b) are 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 202600518615 - Information released - Documents

File type

PDF

File size

4.6 MB