Former First Minister's interests correspondence: FOI release

Information requested

Any internal or external correspondence, including any attachments, WhatsApp messages, text messages, instant messaging, memos, OneNotes, minutes, agendas, appendixes or other correspondence relating to Aamer Anwar being included as a "personal friend" in the First Minister's interests.

Response

I enclose a copy of most of the information you requested in the format you asked for at 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 an exemption under section 30(b)(i) [Substantial inhibition to free and frank provision of advice] of FOISA applies to that information. This exemption applies because disclosure of the information would be likely to cause substantial inhibition to the free and frank provision of advice from officials to Ministers in the future, suppressing the freedom with which opinions or options are expressed. The Scottish Ministerial Code makes clear that Ministers can seek advice from the Civil Service on managing their private interests and it is important that there is a private space in which officials can freely and frankly discuss with Ministers how they can best manage and therefore avoid any potential conflicts between their private interests and their public duties.

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 that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in maintaining a private space within which detailed and frank policy advice can be provided to Ministers so that they can reach well-informed decisions. This private space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues with Ministers, which in turn will undermine the quality of the policy-/decision-making process.

I have also redacted the personal email addresses and telephone numbers of civil servants and the names of civil servants below the grade of Senior Civil Servant under section 38(1)(b) of FOISA.

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 202300390913 - Information released - Annex A

File type

26 page PDF

File size

923.1 kB