Correspondence regarding the Scottish Conservatives Removal of Office and Recall Bill: FOI release

Information requested

Copies of any correspondence (briefing, letters, emails, handwritten notes, memos, minutes of calls, minutes of meetings, attachments and/ore otherwise) from and/or to civil servants and/or Special Advisers and/or Scottish Government MSPs regarding the Scottish Conservatives Removal of Office and Recall Bill.

Response

I have considered your request and have identified relevant material held by the Scottish Government. 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 the topics referenced in the relevant final proposal for a Members' Bill. 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 the topics in question 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.

The remainder of the material identified which we consider appropriate for release is set out in the Annex to this letter. Please note that the names and contact details of government officials have been redacted as we consider such information to be exempt under section 38(1)(b) of FOISA (personal information) 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.

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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 - 202300361918

File type

6 page PDF

File size

231.8 kB