Internal correspondence on alleged SNP sex scandal, Gender reform and James Hamilton court of session defeat: FOI release

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


Information requested

  1. All internal correspondence from within the Scottish Government about the alleged SNP sex scandal detailed here: https://www.scottishdailyexpress.co.uk/news/politics/two-snp-politicians-seedyextramarital- 31546577 - Can this include responses to any media inquiries as well?
  2. Any correspondence between special advisers, senior civil servants within either the constitution or legal directorate, and ministers within the Scottish Government and SNP party officials around the court of session defeat for gender reforms. This should cover the calendar year of 2023 and exclude MSPs.
  3. Any correspondence between special advisers, senior civil servants within either the constitution or legal directorate, and ministers within the Scottish Government and SNP party officials around the court of session defeat over James Hamilton's FOI request. This should cover the calendar year of 2023 and exclude MSPs. https://www.heraldscotland.com/news/24000165.judges-deliver-scathing-ruling-sturgeon-foi-battle/
  4. All internal correspondence in the Scottish Government which mentions Kate Forbes, between April 1 2023 and the date of this FOI.

Response

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

In response to your first question, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don't have the information are explained in Annex A to this letter.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

In response to your second question, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. 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. The reasons why we have applied this exemption are explained in the Annex A to this letter.

In response to your third question, I enclose a copy of some of the information you have requested in Annex B to this letter.

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 exemptions under section 30(c) (effective conduct of public affairs), section 36(1) (confidentiality) and section 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained in Annex A to this letter.

In response to your fourth question, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. 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. The reasons why we have applied this exemption are explained in the Annex A to this letter.

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 202300391381 - Information Released - Annex A
FOI 202300391381 - Information Released - Annex B

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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