Former First Minister's speech to the SNP conference: FOI release

Information requested

All correspondence between the Permanent Secretary and/or his office and the First Minister and/or his private office or Special Advisers relating to the First Minister's speech to the SNP conference on 17/10/23. For the avoidance of doubt, this should include all emails or other electronic communications of any other kind (WhatsApp, Teams, Signal, Telegram) as well as any handwritten notes or minutes from verbal discussions.

Response

I enclose a copy of the information requested.

The answer to your question is in the attached document to this email.

Exemptions under sections 38(1)(b) and 30(b)(ii) of FOISA applies to some the information you have requested. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names/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. The exemption under section 30(b)(ii) of FOISA (free and frank advice) applies to some of the information requested because disclosure would, or would likely, inhibit the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.

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 because disclosure would enhance scrutiny of the decision-making processes. However, this is outweighed by the public interest in allowing a private space in which officials can have free and frank discussions before the Scottish Government reaches a settled public view. Disclosure of such content could substantially inhibit the communication of such matters in the future.

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 202400396121 - Information released - Attachment

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1 page PDF

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153.6 kB