Documentation held about trans prisoners in Scottish jails: FOI release

Information requested

1. Could you provide all analysis undertaken, all correspondence and all drafts written in reaction or about the recorded crime stats published in June:

https://www.gov.scot/news/recorded-crime-in-scotland-2023-24/

2. Could you provide all documentation held about trans prisoners in Scottish jails, including correspondence, briefings and minutes/notes from meetings, from the last six months?

This response relates to the second part of your request. The response to the first part of your request will be provided separately.

Response

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

Some of the information you have requested is available from the Scottish Parliament website, such as relevant PQs for the period requested which can be found at the following links:

Written question and answer: S6W-25567 | Scottish Parliament Website

Written question and answer: S6W-25568 | Scottish Parliament Website

Written question and answer: S6W-25566 | Scottish Parliament Website

Written question and answer: S6W-25570 | Scottish Parliament Website

Written question and answer: S6W-25816 | Scottish Parliament Website

25(1) of FOISA (Information otherwise accessible) exempts information from disclosure where the requester can reasonably obtain the information without making a request for it. It has a different focus from other exemptions. It is not about withholding the information from the public, but recognises that where information is already available to the requester, there is no need to provide an alternative right of access to it through FOISA. 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.

Further exemptions under sections 29(1)(b), 30(b)(i), 30(b)(ii), 36(1), and 38(1)(b) of FOISA apply to some of the information you have requested. A description of each of these is provided below, along with our reasoning for applying them:

29(1)(b) of FOISA (Ministerial Communication) exempts information requested where it relates to communications between Ministers. This includes communications relating to proceedings of the Scottish Cabinet (or of any committee of that Cabinet). 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, and 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 need to be able to share views on certain matters as they arise, and Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy/decision making process.

30(b)(i) and 30(b)(ii) of FOISA (free and frank provision of advice or exchange of views) applies to some the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.

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, as part of the process of exploring and refining the Government’s position until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy 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.

36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

38(1)(b) of FOISA (personal information) applies to much of the information requested because it is personal data of a third party, ie names and contact details 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.

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 20240042640 - Information released - Annex 1

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187 page PDF

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798.0 kB