Chief of Staff to the First Minister WhatsApp messages during the Covid 19 pandemic: FOI Release

Information requested

Liz Lloyd's WhatsApp messages 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:

• INQ000335437 – Jeane Freeman MSP Whatsapp messages with Liz Lloyd, dated between 10/05/2020 and 24/12/2021
• INQ000329368 – : Liz Lloyd’s WhatsApp messages with Jeanne Freeman, dated 09/03/2021
• INQ000287766_0017, 0018 – Extract of WhatsApp messages between Liz Lloyd and Nicola Sturgeon, dated between 22/10/2020 and 28/10/2028
• INQ000287766 _ 0009, 0021-0022, 0024, 0035 – Exttract of a Document regarding informal WhatsApp communications between Elizabeth Lloyd and Nicola Sturgeon (First Minister), dated between 01/09/2020 and 16/03/2020

Some of the information you have requested is available from Scottish Government website.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials. Disclosing the content of free and frank briefing material will substantially inhibit such briefing 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. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature 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.

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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 202400423349 - Information Released - Annex

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