Former First Minister's messages during the Covid 19 pandemic: FOI release

Information requested

Nicola Sturgeon's What's App 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 following locations:

• Scottish Government website
• UK Covid Inquiry website
• NI Executive website
• Opinion of Lord Ericht in KLR & RCR INTERNATIONAL LTD T/A ONE 20 WINE CAFE + 6 v Scottish Ministers
• PHS COVID-19 & Respiratory Surveillance
• PHS Vaccination Surveillance
• Meeting of the Parliament: 14/12/2021 | Scottish Parliament Website
• Meeting of the Parliament: 29/12/2021 | Scottish Parliament 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 38(1) of FOISA applies to some of the information you have requested as it relates to the personal data 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.

Exemptions under sections 28 (UK relations), 29(1)(a)(b)(c)&(d) (formulation of policy, Ministerial communications, and operation of a Ministerial Private Office), 30(a) (collective responsibility of Scottish Ministers), 30(b)(i)&(ii) (free and frank provision of advice and views), 30(c) (effective conduct of public affairs), 32(1)(a) (International relations), 33(1)(b) (commercial interests), 35(1)(c)&(e) (law enforcement), 36(1) (confidentiality of communications), and 39(1) (health and safety) of FOISA applies to some of the information you have requested. This is because, as the head of government, the former First Minister communications relating to a broad range of topics and some of the information within the scope of your request relates to communications between Ministers (and their offices), development of policy, free and frank discussions and advice, and in utilising the immediacy of WhatsApp to alert the former First Minister of major incidents or developing issues that might have a considerable impact on the Scottish Government.

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.

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 202400425736 - Information Released - Annex

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