Freedom of Information (FoI) requests for consideration by Special Advisers: FOI release

Information requested

1) Since the start of 2024, please provide a list of the FOI's which have been subject to consideration by the FoI.SpAdsPO@gov.scot email address and/or Special Adviser emails.

2) Any correspondence between FoI.SpAdsPO@gov.scot and the FOI Unit since January 1, 2024.

3) Any correspondence between FoI.SpAdsPO@gov.scot and Ministers or their private office on the topic of responding or advice on FOI requests since January 1, 2024.

Response

Question 1

I have interpreted your request as an ask for a list of the FOIs that have been received by FOI.SpAdsPO@gov.scot and Special Advisers email addresses for Special Advisers to consider. An exact list of FOIs that have been received by these mailboxes for Special Adviser consideration is not something that we hold so I am applying s.17(1) to confirm that the Scottish Government does not have the information you have asked for.

However, in an effort to be helpful I can provide you with a list of all FOIs, received by the Scottish Government, in the specified time period and were originally graded as Sensitive. This is contained within Annex B of this response.

For clarification, and in line with guidance from the SIC published at govscot:document (www.gov.scot), Sensitive cases are those that have been objectively assessed by the Scottish Government FOI unit as sensitive or exceptionally complex and may require seeking Ministerial decisions prior to being published. However, the grading of an FOI can change over its lifecycle and some, initially graded as Sensitive, may well be downgraded as the relevant material proposed for release was considered. This means that is possible that not all of the cases listed in Annex B would have been sent for consideration by Special Advisers nor for Ministerial clearance.

Question 2

I have interpreted your request as an ask for any direct correspondence between FOI.SpAdsPO@gov.scot and members of the FOI unit. 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 sections s.29(1)(d) (Operation of any Ministerial Private Office); s.30(b)(i) (Substantial inhibition to free and frank provision of advice); s.30(b)(ii) (Substantial inhibition to free and frank exchange of views) and s.38(1)(b) (personal information of a 3rd party) of FOISA applies to that information. The reasons why these exemptions apply are explained in Annex A of this response. The remaining material is held within Annex C of this response.

In addition some of the information you have requested has already been published on the Scottish Government website. The relevant material is indicated within Annex C and I have included the relevant links there.

Under section 25(1) of FOISA, we do not have to give you information that is already reasonably accessible to you.

Question 3

I have interpreted this part of your request as an ask for any direct correspondence between FOI.SpAdsPO@gov.scot and members of the Scottish Government Cabinet and Ministers or their respective private offices that discuss responding or advice on FOI requests.

From searches carried out on the mailbox for FOI.SpAdsPO@gov.scot I can confirm that there is no correspondence between FOI.SpAdsPO@gov.scot and individual members of the Scottish Government Cabinet nor individual ministers so I am applying s.17(1) to confirm that the Scottish Government does not have the information you have asked for in relation to this part of the request.

In relation to correspondence between FOI.SpAdsPO@gov.scot and the private offices for members of the Scottish Government Cabinet and Ministers, 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 sections s.29(1)(d) (Operation of any Ministerial Private Office); s.30(b)(i) (Substantial inhibition to free and frank provision of advice); s.30(b)(ii) (Substantial inhibition to free and frank exchange of views) and s.38(1)(b) (personal information of a 3rd party) of FOISA applies to that information. The reasons why these exemptions apply are explained in Annex A of this response. The remaining material is held within Annex D of this response.

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 202400406282 - Information released - Annex A - D

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