Minutes of meetings Humza Yousaf and Sir Peter Mathieson: FOI Release

Information requested

1. Minutes from the meeting Humza Yousaf held with Sir Peter Mathieson, Edinburgh University principal in May.
2. All correspondence about or from Martin Compston received or sent by the Scottish Government between May 2022 and the date of this FOI.
3. All correspondence about or from Mick Lynch received or sent by the Scottish Government between May 2022 and the date of this FOI.
4. All correspondence about or from Ian Blackford received or sent by the Scottish Government between May 2022 and the date of this FOI.
5. All briefing notes prepared for the Ministers and Humza Yousaf about Elena Whitham's Whatsapp leak as reported in the Daily Record.

Response

For the points 1 and 2 of your request:

Please find documents falling into the scope of your request in the Appendix A.

For the point 3 of your request:
Please see documents falling into the scope of your request in the Annex A.

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 exemption under Sections 38(1)(b) (personal information) and 30(b)(i) (free and frank provision of advice), of FOISA apply to that information.

The reasons why these exemptions apply are explained below:-

Section 30(b)(i) - Substantial inhibition to free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to the Ministers. Disclosing the content of free and frank exchange of advice in the ministerial briefing would inhibit the exchange of advice between officials and the Ministers 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 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 a private space within which officials can provide full and frank advice to the Ministers. Disclosure is likely to undermine the full and frank exchange of advice between officials and the Ministers, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 38(1)(b) – Personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, 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.

The information that has been redacted has been clearly marked with the relevant exemption i.e. Section 30 (b)(i). The remaining information that has been redacted is that which falls into the exemption of section 38(1) (b) – personal information.

For the point 4 of your request:

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information you have requested would exceed the upper cost limit of £600. The reason for this is that the volume of documents that could fall in the scope of your request is very high.

Under section 12 of FOISA, public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the cost can be brought below £600. For example, you could narrow down the topics, time frames and/or specify types of documentation you are interested in, as this would allow us to limit the searches that would require to be conducted and reduce the work devoted to preparation of documents for release. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at:

http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

For point the 5 of your request:

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government does not hold the information because the incident you mention was not related to the matters in which it is involved. Scottish Government officials would not prepare any briefing notes regarding incidents within the SNP or any other political party. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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.

Annex A

File type

PDF

File size

281.9 kB

Information Released

File type

PDF

File size

194.6 kB

Appendix A

File type

PDF

File size

165.9 kB