Communication between Deputy First Minister and Lady Poole regarding Covid-19 Inquiry: FOI release

Information requested

All items of information held in relation to the briefing prepared for the Deputy First Minister for his meeting / call with Lady Poole about the Covid-19 Inquiry on 27 October 2022, and all notes and records of the event.

This is listed in the Scottish Government's ministerial engagements
https://www.gov.scot/publications/ministerial-engagements-travel-and-gifts-october-2022/

This should include all material prepared for the Deputy First Minister in preparation for the meeting / call, including papers, emails and media clippings, and all notes and records of the meeting / call, including any media recordings and transcripts.

Response

I address your request below, providing some of the information you have requested, which is enclosed at Annex A. I have also attached the letter referred to in documents 5 and 6 as Annex B.

Some of the information you have requested is exempt from disclosure because exemptions under section 30(c) (effective conduct of public affairs), sections 30(b)(i) and 30(b)(ii) (free and frank provision of advice or exchange of views) and section 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained in the following paragraphs.

Exemptions apply, not subject to the public interest test

Section 38(1)(b) – applicant has asked for personal data of a third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested as it is personal data of a third party, i.e. names and contact details of individuals, and disclosing 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 has been applied where necessary throughout the response. 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.

Exemptions apply, subject to the public interest test

Sections 30(b)(i) and 30(b)(ii) – Free and frank provision of advice or exchange of views
An exemption under sections 30(b) (i) and (ii) of FOISA (free and frank provision of advice or exchange of views) applies to some of the information requested. There is a significant probability that disclosing this information would, or would be likely to, restrain, decrease or suppress the freedom with which opinions or options are expressed in relation to the effective operation of the Scottish Covid-19 Inquiry. This would cause substantial inhibition to the provision of advice and to the exchange of views for the purposes of deliberation.

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. However, there is a greater public interest in protecting the independent operation of the Scottish Covid-19 Inquiry and the process of carrying out its work, and in ensuring that the Inquiry is able to carry out its work effectively.

Section 30 (c) – substantial prejudice to the effective conduct of public affairs
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice the independent work of the Scottish Covid-19 Inquiry by revealing information on matters relating to the operation and approach of the Inquiry. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the independent operation of the Scottish Covid-19 Inquiry and the process of carrying out its work, and in ensuring that the Inquiry is able to carry out its work effectively.

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.

FOI 202300338348 - Information Released - Annex A

File type

PDF

File size

217.4 kB

FOI 202300338348 - Information Released - Annex B

File type

1 page PDF

File size

23.8 kB