Emails sent and received by the Former First Minister: FOI Review

Information requested

Original request - 202400411476

1. The last three emails that Humza Yousaf sent as First Minister from his First Minister email account.

2. The last three emails that Humza Yousaf received as First Minister from his First Minister email account.

3. The last three emails that Humza Yousaf sent as First Minister to email accounts ending in @snp.org.

Tell me the dates of the mails and the content within. 

4. The last 5 Whatsapp messages the First Minister sent from his government phone.

Response

Further to the acknowledgement of 29 May 2024, I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

• The last three emails that Humza Yousaf sent as First Minister from his First Minister email account.
• The last three emails that Humza Yousaf received as First Minister from his First Minister email account.
• The last three emails that Humza Yousaf sent as First Minister to email accounts ending in @snp.org.
• The last 5 WhatsApp messages the First Minister sent from his government phone.

I have concluded that a different decision should be substituted.

In relation to emails sent from the former First Ministers personal account, there were no items in the sent folder prior to the date of your request. As outlined in our original response, this is in line with corporate policy on records management. This is a formal notice under 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Regarding the emails received, the former First Minister continued to receive and be copied into correspondence until he demitted office on 7 May 2024. The original response considered that the emails which contained information about the development and formulation of government policy were exempt under s. 29(1)(a) of FOISA. I have reconsidered the exemptions in relation to these emails and found that we can release most of the contents of these emails. Therefore I am releasing most of the information requested, and a copy is enclosed. However, 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 the following sections of FOISA applies to that information.

• Section 29(1)(a) – Formulation or development of policy
• Section 30(b)(i) – Free and frank exchange of views
• Section 38(1)(b) – Personal information
• Section 17(1) - Information not held

The reasons why exemptions apply are set out below.

Section 29(1)(a) – Formulation of Policy

An exemption under section 29(1)(a) of FOISA (formulation of policy) applies to some of the information requested because it relates to the development of government policy.

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 a private space within which both issues and policy positions can be explored and refined so that Ministers can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. 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 decision making process.

Section 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank advice provided to Ministers. 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 on dealing with a number of different issues 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 position on a number of topics, such as those listed above. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. 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 decision making process, which would not be in the public interest.

Section 38(1)(b) – applicant has asked for personal data of a third party

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, for example names and contact details for 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.

Section 17(1) - Information not held
Unfortunately, we have been unable to locate 1 of the 3 emails received by the First Minister as the inbox in question has been cleared and is no longer in use, in line with corporate policy on records management. At request stage we initially considered an out of scope email to be in scope. We now consider the email we previously withheld to be out of scope as it was not received by FM, as he was only blind copied in. As we now consider this to be out of scope and the inbox has now been cleared, we are only able to consider two received emails.

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 202400416176 - Information Released - Annex

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