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Publication - FOI/EIR release

Correspondence between First Minister/Permanant Secretary and SNP CE regarding alleged misconduct of former First Minister: FOI release

Published
20 September 2018
Topic
Public sector

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

FOI reference: FOI/18/02297  
Date received: 27 August 2018
Date responded: 20 september 2018
 
Information requested
 
  1. Any correspondence between the First Minister or the Permanent Secretary with SNP Chief Executive Peter Murrell, regarding the investigation into alleged misconduct by former First Minister Alex Salmond. This should include, email, letter and through any electronic device and app including text, whatsapp, snap chat etc.
  2. Any emails from the First Minister and/or her staff to email addresses ending in '@snp.org' from 1 March, 2018 to August 26, 2018.

Response
 

By reference to section 18(1) of FOISA we cannot confirm or deny whether any information is held. We are applying section 18(1) in conjunction with section 35(1)(c) (information exempt if disclosure would, or would be likely to prejudice substantially the administration of justice) and section 38(1)(b) (personal data).

The exemption in section 35(1)(c) is subject to the public interest test. We have viewed the public interest test to be the balance between the need to be open and transparent in our decision making and ensuring that we do not prejudice substantially the administration of justice. In that regard we cannot confirm or deny if any such information exists and we have concluded that the balance favours adopting that approach.
 
That exemption in section 38(1)(b) is not subject to the public interest test but we have applied the public interest as required by section 18 and have concluded that to reveal whether the information exists or not would be contrary to 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

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 
The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG

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