The possible resignation of the First Minister: FOI release

Information requested

Please provide copies of all emails and other communication between Scottish ministers, officials and staff between Saturday 11 February and Wednesday 15 February 2023 on the subject of the possible resignation of the First Minister and the setting up of a press conference which took place at Bute House at 11am on 15 February.

Response

As per previously released FOI 202300343617, some of the information that you have requested can be found in Annex A.

An exemption(s) under section(s) s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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 41(a) of FOISA (communications with His Majesty, the Royal Family or the Royal Household) applies to some of the information requested because it relates to communications with the Royal Household.

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 release as part of open and transparent government. However, this is outweighed by the greater public interest in protecting a channel of communication between the Scottish Government, and the Royal Household. Disclosing the content of such communications, particularly against the wishes of the Royal Household, is likely to mean that such future communications will be less open and less frequent, with less exchange of information on matters of mutual interest, which would not be in the public interest.

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 - 202300344558

File type

8 page PDF

File size

227.1 kB