Operation Branchform correspondence: FOI release

Information requested

1. Could you supply all correspondence between Police Scotland and the Scottish Government regarding the police investigation into the SNP codenamed Operation Branchform between March 1 2023 and the date of this FOI.
2. How many meetings have Police Scotland's Iain Livingstone/other deputy chief constables held with the justice secretary this year? List of dates for these.
3. All minutes/briefings from these meetings?

Response

I attach a copy of some of the information you requested.

The answer to your question is

1. In relation to your first request, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because of an exemption under section 35(1)(a) of FOISA (prevention or detection of crime). An exemption under section 35(1)(a)FOISA applies to the information because disclosure would, or would be likely to, substantially prejudice an ongoing Police investigation.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, colleagues in Directorate for Propriety and Ethics have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. They have found that, on balance, the public interest lies in favour of upholding the exemption. They recognise that there is some public interest in release as this could provide insight into Police Scotland investigations. However, they have concluded that there is a greater public interest in enabling Police Scotland to exercise their functions in relation to the prevention, detection or investigation of crime without those functions being prejudiced.

Document 1, attached has been released in response to a previous Freedom of Information request, but has not yet been published on the Scottish Government website. It is therefore attached for your information.

2. The current Cabinet Secretary for Justice and Home Affairs has met with the Chief Constable six times; on 31 March 2023, on 27 April 2023, on 18 May 2023, on 14 June 2023 where there were two meetings, and on 24 May 2023 . She has had no separate meetings with any of the Deputy Chief Constables. The former Cabinet Secretary for Justice and Veterans met with the Chief Constable three times on 9 February 2023, 10 February 2023, and two meetings on 22 March 2023, and he met with DCC Malcolm Graham once. No live criminal cases were discussed. Details of some of these meetings may already have been published but they are all included for completeness.

3. Copies of the briefings and notes for these meetings are attached, with appropriate redactions of the names of junior officials under section 38(1)(b) (personal information) Other redactions are marked with the appropriate section of FOISA.

These exemptions are 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. However, this is outweighed by the public interest in the provision of free and frank advice to Ministers, and in discussions with stakeholders.

Cabinet Secretary for Justice and Home Affairs Meetings:

• 31 March Counter Terrorism Briefing, Note at Annex Q, Briefing at Annex R
• 27 April Note at Annex A, Briefing at Annex M
• 18 May Briefing at Annex J, Note at Annex B
• 24 May Note at Annex H
• 14 June CC Note at Annex C. Briefing at Annex P
• 14 June Trilateral Note at Annex D, Briefing at Annex O

Cabinet Secretary for Justice and Veterans Meetings:

• 9 February Note at Annex E These minutes were previously released under a FoI request (see MSP Keith Brown's meeting with Police Scotland: FOI release - gov.scot (www.gov.scot). I have attached a copy with the same redaction previously applied around a discussion on Finance, 30(b)(ii) (free and frank exchange of views). Briefing at Annex K.
• 22 March Trilateral Note at Annex F, Briefing at Annex N
• 18 January Note at Annex G, Briefing at Annex U
• 22 March Blue Light Collaboration at Annex I, Briefing at Annex T

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 202300363848 - Information Released - Annex A - U

File type

64 page PDF

File size

8.2 MB

FOI 202300363848 - Information Released - Document 1

File type

2 page PDF

File size

145.4 kB