Legal advice on independence referendum: FOI release

Information requested

1. The amount spent on legal advice regarding the Scottish Government’s prospectus for an independent Scotland between 07 September 2021 and the date of response to this inquiry?
2. Any correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) between Scottish Government Ministers, law officers and civil servants between 18 May 2021 and the date of response to this inquiry regarding work on a prospectus for an independent Scotland?
3. The amount spend on legal advice regarding the Scottish Government’s Referendum Bill between 18 May 2021 and the date of response to this inquiry?
4. Any correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) between Scottish Government Ministers, law officers and civil servants between 18 May 2021 and the date of response to this inquiry regarding work on a referendum bill?

Response

Question 1 and 3

While our aim is to provide information whenever possible, in this instance, an exemption under Section 17 applies. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. Civil servants are not required to record the time spent on individual tasks and so we cannot provide an exact figure of the costs of any internal work on these two policy areas. Every member of staff who contributed to any work undertaken on the prospectus or in relation to the referendum Bill did so as part of their wider duties.

Question 2

We have interpreted your request as covering correspondence from 18 May 2021 to the date this request was received, on the specified topics, where a Minister, a Law Officer and a civil servant (including a Special Adviser) are included in the discussion.

While our aim is to provide information whenever possible, in this instance, exemptions under Section 29(1)(a) (formulation or development of government policy), Section S29(1)(b) (Ministerial communications), and Section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) of FOISA apply to the information requested. The reasons why these exemptions apply are explained in the Annex of this letter.

Question 4

While our aim is to provide information whenever possible, in this instance, an exemption under Section 29(1)(a) (formulation or development of government policy) applies to the information requested. The reasons why this exemption applies are explained in the Annex of this letter.

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.

Annex A - 202200287065

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2 page PDF

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