Advice provided on the Judicial Review Petition of Former First Minister: FOI release

Information requested

Any advice given to the Scottish Government by Roddy Dunlop QC, Christine O’Neill and Burness Paull, LLP on the Judicial Review Petition of Mr Alex Salmond.

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide the information requested because an exemption under section 36(1) of FOISA applies to all of the information you have requested. This exemption applies as the information you have requested is communication with legal advisers where legal advice is sought and/or given and so release would breach legal professional privilege.

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, transparent and accountable government. However, this is outweighed by the strong inherent public interest in maintaining the right to confidentiality to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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.