Former First Minister meeting with Frazer McKinley, The Promise Scotland: FOI Review

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

Original request - 202300380840

Details of the meeting that took place between the then First Minister Nicola Sturgeon, and Frazer McKinley, from the Promise Scotland, on the 14th November 2022. This should include the agenda, any papers/briefings provided to the Minister to help prepare for the meeting, any papers used and discussed during the meeting and the note/minute taken from the meeting.

Response

I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

Details of the meeting that took place between the then First Minister Nicola Sturgeon, and Frazer McKinley, from the Promise Scotland, on the 14th November 2022. This should include the agenda, any papers/briefings provided to the Minister to help prepare for the meeting, any papers used and discussed during the meeting and the note/minute taken from the meeting.

I have concluded that the original decision should be confirmed, with modifications.

In conducting my review, I have identified that in addition to the note of the meeting disclosed to you, a briefing paper was previously withheld in full under section 30(b)(i) of FOISA. I acknowledge that our letter to you on 10 November did not correctly state that this exemption had been applied and I apologise for this oversight.

I have considered the withheld information in this case afresh and I have concluded that this briefing paper should have been provided to you in response to your request, with some exemptions applied under section 30(b)(i) (free and frank advice) and section 38(1)(b) (personal information) FOISA. This is attached separately to my letter.

I am also satisfied that an exemption under section 38(1)(b) would continue to apply to the information previously withheld in the note of the meeting. The reasons why these exemptions apply are set out in the Annex to this letter.

I have also reviewed the searches undertaken to identify the held information which would fall within the scope of your request and I am satisfied that these searches were sufficient to have identified all of the information held. For clarity, I can also confirm that all of the papers held in relation to your request have now been provided, and that the minute of the meeting previously provided is the minute of the meeting that is held on record.

I have therefore concluded that our initial response should have confirmed that the Scottish Government does not hold an agenda for this meeting or recorded information confirming whether any specific papers were used and/or discussed during the meeting. This is therefore a formal notice under section 17(1) that the Scottish Government does not have some of 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.

FOI - 202300385841 - Information released - Annex A

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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