Publication - FOI/EIR release

Police Scotland Chief Constable meetings, Purdah complaint and crime statistic analysis: FOI release

Published: 23 September 2024
Directorate: Safer Communities Directorate
Topic: Constitution and democracy, Law and order, Public sector
FOI reference: FOI/202400422780
Date received: 16 July 2024
Date responded: 14 August 2024

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

1. The minutes/notes from all meetings held with the Police Scotland Chief Constable or her deputies, from the last three months.

2. All documentation held by the Scottish Government, including the results of any investigation, about Jackie Baillie's complaint that John Swinney breached purdah during the early days of the General Election campaign, as reported here: https://www.scottishdailyexpress.co.uk/news/politics/john-swinney-accused-breaching-rules-32922940

3. All analysis and reports written by or for the Government, about the reported crime statistics published on June 25, and any documentation held regarding these stats, including minutes from meetings, correspondence or policy notes.

Response

Part 1

I have enclosed some of the information you have requested at Annex A. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to the below exemptions;

Section 25(1) – information otherwise accessible

An exemption under section 25(1) of FOISA applies to some of the information requested because we do not have to give you information which is already reasonably accessible to you. The information exempt under Section 25(1) is published on the Scottish Government website.

Section 30(b)(i) – free and frank provision of advice
Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation

An exemption under section 30(b)(i) (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials and discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions in relation to note of meetings between the Police Scotland Chief Constable or her deputies and Scottish Government Ministers and officials will substantially inhibit the provision of such discussions in the future, particularly because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice and views to Ministers and other officials; and to communicate with appropriate external stakeholders on matters relating to policing before the Scottish Government reaches a settled public view. Disclosing the content of such free and frank exchange of views and advice will substantially inhibit the communication of such matters in the future, which would not be in the public interest.

Section 38(1)(b) – personal data relating to 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, i.e. names, email addresses, telephone numbers of 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 31(1) of – safeguarding national security

An exemption under section 31(1) of FOISA (safeguarding national security) applies to some of the information requested because it relates to national security. This exemption applies because disclosure poses risk to national security as it contains information covering risks, vulnerabilities and action being taken to mitigate those risks and could be exploited by individuals or groups seeking to do harm.

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 withholding information of national security that ensure the safety of the public. Disclosing the content of national security will substantially inhibit action being taken to mitigate those risks and could be exploited by individuals or groups seeking to do harm, which would not be in the public interest.

Part 2

I have enclosed some of the information you have requested at Annex B. 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 29(1)(a) (formulation or development of government policy) applies to some of the information requested because it relates to the development and implementation of the policy on pre-election guidance.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view.

An exemption under section 38(1) (personal information) of FOISA applies to some the information you have requested. You will note that I have redacted the personal data of the correspondent from Ms Baillie’s office and the names of some civil servants below SCS in order to comply with the UK General Data Protection Regulation (GDPR) and 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.

Part 3

I have enclosed some of the information you have requested in Annex C. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to the below exemptions;

Section 25(1) – information otherwise accessible

Some of the information you have requested, the statistical bulletin and tables are available from Recorded Crime in Scotland, 2023-24 - gov.scot (www.gov.scot). The corresponding Statistical News Release is also available online Recorded Crime in Scotland, 2023-24 - gov.scot (www.gov.scot). 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. Please note the report and tables have been updated following publication on 25th June as some errors were identified.

Section 38(1)(b) – personal data relating to a third party

An exemption under section 38(1) (personal information) of FOISA applies to some the information you have requested. You will note that I have redacted the names of some civil servants below SCS in order to comply with the UK General Data Protection Regulation (GDPR) and 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 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) (free and frank provision of advice) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of these discussions will substantially inhibit the provision of 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 a private space within which officials can provide full and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of such free and frank advice will substantially inhibit the communication of such matters in the future, which would not be in the public interest.

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