Cabinet Secretary for Justice & Home Affairs’ meeting with Howard League Scotland: FOI release

Information requested

The minutes of the Cabinet Secretary for Justice & Home Affairs’ meeting with Howard League Scotland on 16 August 2023. Please provide all minutes, notes, list of attendees and any actions taken by the Scottish Government as a result of the meeting.

Response

I enclose a copy of some the information you requested as Annex A. Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 38(1)(b) and Section 30 (b)(ii) applies to some elements of the information you requested.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals, 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.

Exemptions under section 30 (b)(ii) of FOISA (free and frank exchange of views for the purposes of deliberation) applies to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purpose of deliberation. The exemptions recognise the need for officials/ministers to have free and frank discussion with stakeholders when discussing the solutions for various policy issues.

The above exemption is subject to the ‘public interest test’. Therefore, taking account of all of the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that 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/Ministers can have discussion with stakeholders, to enable all potential solutions can be properly considered, so that good decisions can be taken.

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 202300386936- Information Released- Annex A

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PDF

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137.8 kB