Correspondence relating to the Scottish Solicitors Bar Association (SSBA) and Polmont detainees: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence, internal correspondence, briefings, analysis, policy notes, minutes and notes from meetings, from the last three months (1) about or with the Scottish Solicitors Bar Association (SSBA), and (2) about housing 17-year-olds at Polmont.

Response

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

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested in relation to the SSBA because exemptions under sections s.38(1)(b) (personal information) and s.29(1)(a) (formation or development of Scottish Government policy) of FOISA applies to that information.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. the names and contact information 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.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on legal aid reform. 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 on legal aid reform will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

In addition, the costs of locating, retrieving and providing the information requested in relation to housing 17 year olds at Polmont would exceed the upper cost limit of £600. This is because of the significant number of documents held on the subject. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. This can often be done by specifying the subject in which you are interested, or narrowing the timeframe. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

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 202400435114 - Information Released - Annex

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