Joe Fitzpatrick's WhatsApp messages from his ministerial role during the Covid 19 pandemic: FOI release

Information requested

Joe Fitzpatrick's WhatsApp messages from his ministerial role during the Covid 19 pandemic.

Response

I have taken the period of your request to apply from 21 January 2020 when the World Health Organisation published its ‘Novel Coronavirus (2019-nCoV) Situation Report, up until 30 April 2022 when the then remaining Covid-19 restrictions were lifted in Scotland.

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

Some of the information you have requested is available from the UK Covid Inquiry website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

Exemptions under sections 29(1)(b), 29(1)(d) and 30(c) of FOISA applies to some of the information you have requested as it relates to communications between Ministers, relate to the operation of a Ministerial Private Office, or would otherwise substantially prejudice Ministers' ability to engage with MSPs of all political parties. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

These exemptions are 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 issues can be explored and refined to 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 decisions can be taken.

An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested as it relates the personal information of a third party. 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.

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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 202400422232 - Information released - Annex

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