Correspondence relating to Kenmure Street protest: FOI release

Information requested

All correspondence from Scottish Government ministers and officials relating to Kenmure Street protests.

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s): All information has been provided in separate attachments.

Some of the information you have requested has already been released under FOI 202100201852. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

I have attached separately, information that we have not yet released in relation to your request. In this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s):

• 28(i)- Relations with the UK
• 30(b)(i)(ii)- Prejudice to effective conduct of public affairs, and
• 38(i)(b) – Personal Information

The reasons why that exemption(s) applies are explained below.

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations.

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 maintaining close working relationships between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations. While immigration is reserved to the UK, it overlaps significantly with devolved services (such as policing) for which the Scottish Government is responsible, so it is vital that we co-operate effectively and that requires us to maintain each other’s trust. It is not in the best interests of the public to disclose information when that will damage relationships and disrupt future communications.

An exemption under section 30(b)(i) and (ii) (free and frank exchange of advice and views) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views and provision of advice.

This exemption recognises the need for officials to have a private space in which to provide free and frank advice to other officials. Disclosing the content of free and frank provision of advice or exchange of views in relation to an investigation would substantially inhibit the provision of such advice, or the exchange of such views, in the future.

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 allowing officials a private space within which to explore and refine the process and procedure. This private thinking space is essential to enable all information and options to be properly considered. Disclosure is likely to undermine the quality of this process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, for example names of individuals or other personal data 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.

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.

FOI202100206796 - Information released

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38 page PDF

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686.5 kB