Correspondence between any Scottish Government officials and the Scottish Prison Service pertaining to prison or prisoner “overcrowding: FOI release

Information requested

All written and/or electronic correspondence and/or minutes between the Justice Secretary (including any Scottish Government officials) and the Scottish Prison Service pertaining to prison or prisoner “overcrowding” between November 1st 2023 and December 17, 2023.

Response

I enclose a copy of some of 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 25(1), section 38(1)(b) and sections 30(b)(i) apply to some elements of the information you requested.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed below, then please contact me again and I will send you a paper copy.

Some of the information you have requested is available from the 2022/23 audit of the Scottish Prison Service by Audit Scotland. You can find the information in the main report, on page 18, bullet point 52.

Some of the information you have requested is available from the SPS Annual Report and Accounts 2022/23. You can find the information in the main report, on page 18, under the heading ‘Our Service Today’ at paragraph 3.

Some of the information you have requested is available from the HM Inspectorate of Prisons 'HMP YOI Polmont Full Inspection Report' from August 2023. You can find the information in the main report, on page 5, under the heading ‘Overview by HMCIPS’ at paragraph 2.

Some of the information you have requested is available from the Community Justice Scotland 'Literature review on Commissioning voluntary throughcare and mentoring services' You can find the information in the literature review at Chapter 1: Theories of Reintegration, on page 17, under 1.4 Resettlement.

Some of the information you have requested is available from the Scottish Child Abuse Inquiry website. You can find the information in the evidence hub under the transcripts of evidence on days 382, 383 and 389.

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, i.e. 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.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognise the need for officials/ministers to have free and frank discussion with ministers and executive agencies when advising on and discussing the solutions for any issues/concerns raised.

This 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which officials/Ministers provide free and frank advice and discussion with Executive agencies to enable finding solution to any issues/concerns raised.

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 202400391792 - Information Released - Annex A

File type

11 page PDF

File size

166.2 kB