Correspondence regarding Horizon Post Office system: FOI release

Information requested

Supply all briefings written, and all correspondence and minutes from meetings between the Scottish Government and the UK Government, and the Scottish government and the Crown Office, including internally, about the Horizon Post Office scandal, from the last three months (which is 24 July 2024 to 24 October 2024).

Response

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

While our aim is provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under sections 28(1) (relations within the UK), 30(b)(ii) (free and frank exchange of views) and 38 (personal information) of the Freedom of Information (Scotland) Act 2002.

Exemptions under 28(1) and 30(b)(ii) 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise there is public interest in release in how the Scottish Government carries out operational policy functions under the Post Office (Horizon System) Offences (Scotland) Act 2024. However, this is outweighed by the public interest in maintaining effective channels of communication with the UK Government (section 28(1)) which would be significantly hindered if it was considered information exchanged was to be disclosed which then impacted on decisions of what information should be shared. This would prejudice the delivery of the necessary operational policy under the 2024 Act. Equally, upholding the exemption under 30(b)(ii) is important to maintain private space for consideration between the Scottish Government and Crown Office as to the operational policy decision-making that underpins delivery of the 2024 Act scheme. This engagement needs to be carried out with candour and would be inhibited if such information was disclosed.

Exemption under section 38 (personal information) is not subject to the public interest test. The vast majority of information held is subject to the section 38 exemption as the Crown Office have been providing case specific information to the Scottish Government through the information sharing powers contained in the 2024 Act. This information is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the UK GDPR (or section 34(1) of the Data Protection Act 2018).

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FOI 202400437863 - Information released - Annex

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