Mairi McAllan MSP meetings: EIR release

Information requested

All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meetings:

• Mairi McAllan's meeting with the Church of Scotland on September 27
• Mairi McAllan's meeting with Calum McLeod on September 28
• Mairi McAllan's meeting with Fergus Ewing on September 28

Response

1. I enclose a copy of much of the information you requested.

2. 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 exceptions under, regulation 10(4) (d) (material which is still in the course of completion, unfinished documents or incomplete data), regulation 10(4)(e) (internal communications), regulation 10(5)(b) (justice and fair trial), regulation 10(5)(f) (third party interests), and regulation 11 (personal data) of the EIRs applies to that information. The reasons why those exceptions applies are explained in the Annex to this letter.

Annexes - Reasons for not providing information
An exception applies

An exception under regulation 10(4)(d) of the EIRs applies to some of the information you have requested. Five exceptions have been applied under regulation 10(4)(d), which excepts information regarding material that is in the course of completion from being disclosed, if the public interest test does not favour disclosure. These exceptions relate to an SSI which has been laid in the Scottish Parliament.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because it contributes to the openness and transparency of government. However, this is outweighed by the public interest as the topic discussed was at the preliminary stages of consideration and related to potential future policy development, and private space to discuss the topic is essential. The topics being
discussed also relate to an SSI which is currently in Parliament.

An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested. Seventy-three exceptions have been applied under regulation 10(4)(e), which excepts information in relation to internal communications from being disclosed, if the public interest test does not favour disclosure. These exceptions relate to policy development and advice.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because it contributes to the openness and transparency of government. However, this is outweighed by the public interest in as the advice given or topics discussed were at the preliminary stages of consideration and related to potential future policy development, and private space to discuss the topics is essential.

An exception under regulation 10(5)(b) of the EIRs applies to some of the information you have requested. Two exceptions have been applied under regulation 10(5)(b), which excepts information from being disclosed which would likely substantially prejudice criminal or disciplinary inquiries, if the public interest test does not favour disclosure. These exceptions relate to policy advice.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because it contributes to the openness and transparency of government. However, this is outweighed by the public interest in as the information would likely have an impact on the enforcement of offence provisions.

An exception under regulation 10(5)(f) of the EIRs applies to some of the information you have requested. Five exceptions have been applied under regulation 10(5)(f), which excepts information from being disclosed which would likely substantially prejudice the interests of person who provided the information, if the public interest test does not favour disclosure. These exceptions relate to policy advice.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because it contributes to the openness and transparency of government. However, this is outweighed by the public interest as disclosure could cause substantial prejudice to the interests of a person or organisation who provided information voluntarily to the Scottish Government to support policy development.

An exception under regulation 11 of the EIRs applies to some of the information you have requested. Sixty-one exceptions have been applied under regulation 11, which excepts personal information from being disclosed. These exceptions relate to personal details not otherwise in the public domain which could identify individuals. This exception is not subject to the ‘public interest test’.

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 202300338446 - Information released

File type

141 page PDF

File size

5.9 MB