Scottish Prison Service applying Governor's Veto to veto the early release of a prisoner: FOI release

Information requested

1. On how many occasions since June 26 2024, has the Scottish Government been made aware of a Governor in Charge (GICs) within the Scottish Prison Service applying their Governor's Veto to veto the early release of a prisoner?

2. If possible and it does not exceed the cost thresholds, could this information please be broken down into a weekly basis?

3. If possible and it does not exceed the cost thresholds or breach privacy requirements, could this information please be broken down by prison?

Response

1. Between the 26th June 2024 and the end of the emergency release process 25 July 2024, The Scottish Government was updated on five occasions over five weeks on the use of the Governors' veto in relation to Prison Emergency Early Release. We were not informed of individual applications of Governors’ vetoes.

2. An exemption under section 27(1) of FOISA applies to the information you have requested. This exemption applies because that information is intended to be published within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release this information before the planned publication date. 

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 and this will be met by planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

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

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