Correspondence sent and received by Minister for Victims and Community Safety on 28th May 2026: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Copies of all emails sent or received by Kirsten Oswald, Minister for Victims and Community Safety, using her official Scottish Government email account or any official ministerial email account, on 28 May 2026.
Please include a list of attachments to those emails but not the attachments themselves.
For the avoidance of doubt, this request is limited to emails sent or received on 28 May 2026 only.
Response
I have interpreted your request as any emails sent to and from Kirsten Oswald’s personal Scottish Government account only. I therefore enclose a copy of some of the information you requested in Annex A and a list of the corresponding attachments are listed in a table in Annex B.
The Scottish Government does not have the information you asked for because there were no emails sent from Kirsten Oswald’s Scottish Government email or any official ministerial email account, on the 28th May. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
An exemption(s) under section 38(1)(b) of FOISA applies to some of the information you have requested, this is because it is personal data of a third party 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.
An exemption under section 29(1)(d) of FOISA (Ministerial Private Office) applies to all of the information requested because it relates to the operation of any Ministerial private office. 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, to ensure private offices operate efficiently and to inform public debate. However, there is a greater public interest in allowing Ministers a private space to engage with officials working to support on a range of ministerial duties and decisions. This private space also allows for all options to be properly considered, to enable effective operation of private office. This exemption therefore applies to some of the information you requested as it relates to day-to-day procedures and processes of Ministerial Business.
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank 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 issues and options with stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while discussions are still ongoing and decisions have not been taken, and these discussions relate to a sensitive issue on legislation. 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 Ministers and officials a private space within which to communicate with appropriate stakeholders until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good Ministerial decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.
An exemption under section 39(1) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual. This exemption has been applied in this case as it relates to protection of Scottish Government Ministers and National Security. 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 the security arrangements for the First Minister’s engagements. However, this is outweighed by the public interest in the safety of the First Minister.
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation of the Scottish Government’s policy on Policing/Workforce issues and XL Bully legal requirements. 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on Policing/Workforce issues and XL Bully legal requirements will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
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