Drafts and correspondence on constitutional roles of law officers of Scotland report: FOI release

Information requested

1. The draft of Mr McMillan’s commissioned report on the constitutional role(s) of the law officers of Scotland, including potential for reform, provided by Malcolm McMillan to Graham Fisher on 5th May;
2. Any subsequent drafts of Mr McMillan’s report;
3. Any comments provided by ministers or officials on the draft report of 5th May or any subsequent drafts;
4. The names of any academics approached to review the draft report of 5th May or any subsequent drafts, as well as any comments theyprovided on the draft report of 5th May or any subsequent drafts;
5. All held correspondence subsequent to 28th May relating to Mr McMillan’s report or the topics covered therein; and
6. In the above, ‘any subsequent drafts’ should be read to include the final report, if held.

Response

Please find the relevant information below. 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 exemptions under of FOISA apply to that information. These exemptions are more fully set out below.

• In relation to request 1, this information is exempt under s30(b) FOISA and, accordingly, we are unable to disclose the information asked for at this time.
• In relation to requests 2 and 3, Scottish Government does not hold this information. Accordingly, you are provided with notice under Section 17 of FOISA that this information is not held.
• In relation to request 4, whilst we confirm that two academics have been approached in relation to whether they would agree in principle to peer review Mr McMillan’s report, we confirm that no academics have been approached to review the draft report of 5th May, or any subsequent drafts. Accordingly, you are provided with notice under Section 17 of FOISA that this information is not held.
• In relation to request 5, Scottish Government has already released information in this regard in a previous FOI request. This previously released information covered the period 11 March 2024 - 11 June 2024, and therefore for your interests covers the period 28 May 2024 – 11 June 2024. It isavailable here:
  Lord Advocate and legal advice: FOI release - gov.scot (www.gov.scot)

Accordingly, this part of your request is refused under Section 25 of FOISA (exempted information from disclosure where the requester can reasonably obtain the information without asking for it under FOISA.)

Additional information covering the period 11 June onwards is shown at Annex A of this correspondence. 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 exemptions under Sections 38(b)(i) (personal data), 29(1)(a) (formulation of policy under section 29), 36(1) (legal professional privilege) and 30(c) (prejudice to the conduct of public affairs) of FOISA apply to that information.

An explanation of the exemptions applied to your request is shown at Annex B.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400434305 - Information Released - Annex

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