James Hamilton's independent report into Former First Minister and a visit to Inverclyde to discuss economic challenges: FOI release

Information requested

1. Could you supply all correspondence between Fergus Ewing and the Scottish Government, including internally, minutes/notes from meetings and briefings, regarding the James Hamilton report into Nicola Sturgeon, from between January 1 2024 to the date of this FOI?

2. Could you supply any legal advice received by the Scottish Government which said they would win the December court case against the Scottish Information Commissioner about the James Hamilton report? - if not, could you confirm you received legal advice about this and it said you could win it?

3. Could you supply all correspondence held, including internally, minutes or notes from meetings and briefings, regarding a visit to Inverclyde to discuss economic challenges in the region by a government minister, from between January 1 2024 and the date of this FOI.

Response

Question 1

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. We have conducted appropriate and proportionate searches for any correspondence held by the Scottish Government on this subject, but have not found any correspondence regarding this subject.

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

Outwith FOISA, you may wish to be aware that the following Parliamentary Questions asked by Fergus Ewing in relation to the Hamilton Report are published on the Scottish Parliament website at:

Written question and answer: S6W-25078 | Scottish Parliament Website
Written question and answer: S6W-25079 | Scottish Parliament Website
Written question and answer: S6W-25080 | Scottish Parliament Website
Written question and answer: S6W-25081 | Scottish Parliament Website

Question 2

Some of the information you have requested in relation to your second question is available from: Decision 004/2023 | Scottish Information Commissioner (itspublicknowledge.info)

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 website(s) listed, then please contact me again and I will send you a paper copy.

An exemption under section s.36(1) (confidentiality of communications) of FOISA applies to some of the information you have requested. The reasons why that exemption applies are explained in the Annex to this letter.

Question 3

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 under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained in the Annex to this letter.

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 202400412650 - Information Released - Annex

File type

35 page PDF

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552.7 kB