Non-crime hate incidents: FOI release

Information requested

1) Any correspondence including memos, reports, agendas, notes, briefings, or meeting invites, between Police Scotland and senior Scottish Government officials, ministers, and special advisers on the topic of "non-crime hate incidents", since December 1, 2023, to date.

2) In the same time period, any correspondence including memos, reports, agendas, notes, briefings, or meeting invites, between Police Scotland and senior Scottish Government officials, ministers, and special advisers on the topic of the Hate Crime Act.

Response

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

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(s) under sections 29(1)(a) - (policy formulation), 30(b)(ii) (free and frank exchange of views), 30(b)(i) - Substantial inhibition to free and frank provision of advice and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why the exemptions apply are explained in the Annex to this letter.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and senior officials to be able to meet and interact, often in confidence, with external stakeholders on a range of issues, including business and commercially sensitive concerns. Disclosing this information, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to participate in meetings or provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing and decisions have not been taken, and these discussions relate to a sensitive or controversial issue such as commercial and business operations. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to engage with appropriate external stakeholders as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence.

Section 30(b)(i)&(ii) - inhibit substantially the free and frank provision of advice - Exemptions under section 30(b)(i) and 30(b)(ii) of FOISA (free and frank provision of advice and free and frank exchange of views for the purposes of deliberation) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially 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. Disclosing the content of free and frank discussions and advice will substantially inhibit such discussions in the future. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s policies until the Government as a whole can adopt a policy that is sound and likely to be effective. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b) – 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 for a range of people 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.

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 202400407017 - Information Released - Annex

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