Publication - FOI/EIR release

Immigration enforcement action Kenmure St Glasgow May 2021: FOI release

Published: 20 December 2023
Directorate: External Affairs Directorate
Topic: Public sector
FOI reference: 202200294124
Date received: 12 April 2022
Date responded: 11 May 2022

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

Correspondence with the UK Government over the immigration enforcement action which took place on 13 May 2021 at Kenmure St Glasgow, any internal correspondence about this immigration enforcement action, and any evaluation report or review of this immigration enforcement action.

Response

Copies of some of the information you requested are attached.

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 apply under Section 38(1)(b), Section 30, and Section 28 and because, in this instance, the Scottish Government does not have some of the information you have requested.

The reasons why we don’t have some of the information you have requested are explained in the Annex to this letter.

Some of the information you have requested has already been released under FOI/202100201852 and FOI/202100206796. 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(s) listed, then please contact me again and I will send you a paper copy.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

With regards to the first two points of your request, I have attached separately information that we have not yet released in relation to your request.

However, in this instance we are unable to provide some of the information you have requested because exemptions under sections:

28(i) - Relations with the UK
30(b)(i)(ii) - Prejudice to effective conduct of public affairs, and
38(i)(b) - Personal Information

The reasons why these exemptions apply are explained below.

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the 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.

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 close working relationships between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations. While immigration is reserved to the UK, it overlaps significantly with devolved services (such as policing) for which the Scottish Government is responsible, so it is vital that we co-operate effectively and that requires us to maintain each other’s trust. It is not in the best interests of the public to disclose information when that will damage relationships and disrupt future communications.

An exemption under section 30(b)(i) and (ii) (free and frank exchange of advice and views) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views and provision of advice.

This exemption recognises the need for officials to have a private space in which to provide free and frank advice to other officials. Disclosing the content of free and frank provision of advice or exchange of views in relation to an investigation would substantially inhibit the provision of such advice, or the exchange of such views, in the future. 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 officials a private space within which to explore and refine the process and procedure. This private thinking space is essential to enable all information and options to be properly considered. Disclosure is likely to undermine the quality of this process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, for example names of individuals or other personal data 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.

With regard to point 3 of your request, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. Matters of immigration and citizenship are reserved to the UK Government and as such the Scottish Government the Scottish Government is not responsible for immigration enforcement, which is conducted by the Home Office. You may wish to contact the Home Office for information on this point of your request.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.