Report on the dual role of the Lord Advocate: FOI release

Information requested

In relation to the anticipated report by Malcolm MacMillan on the dual role of the Lord Advocate:

1. A copy of the report if finalised, and if not - a copy of the draft report, whatever stage it is at.

2. Confirmation of at what date the report is now expected to be published.

3. Any information on why the report was not published earlier this year.

4. Any correspondence between Angela Constance and Malcolm MacMillan from 1 May 2024 to 25 October 2024 in relation to the Lord Advocate.

5. Any correspondence between the current Lord Advocate, Dorothy Bain, and Malcolm MacMillan in relation to splitting the Lord Advocate's role, from 1 May 2024 to 25 October 2024.

6. Any correspondence between the Lord Advocate, Dorothy Bain and Angela Constance in relation to the Lord Advocate's role, from 1 May 2024 to 25 October 2024.

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 and at Annex B.

Request 1

In relation to your request for ‘a copy of the report if finalised, and if not - a copy of the draft report, whatever stage it is at’, this information is exempt under s30(b) FOISA and, accordingly, we are unable to disclose the information asked for at this time. The reasons why that exemption applies are explained in the Annex B.

Requests 2 and 3

In relation to your requests for:

• Confirmation of at what date the report is now expected to be published; and
• Any information on why the report was not published earlier this year;

We can confirm that there is no date fixed for the publication of the report, as the draft report is not yet finalised. Accordingly, you are provided with notice under section 17 of FOISA that this information is not held.

In relation to information about why the report was not published earlier this year, there was no date for the report to be published this year. However, the Scottish Government has published some information about the preparation of the report in a previous FOI, which for your interests covers the period of 01 May to 11 June 2024:

https://www.gov.scot/binaries/content/documents/govscot/publications/foi-eir-release/2024/07-d/foi-202400418250/documents/foi-202400418250---information-released---annex-a/foi-202400418250---information-released---annex-a/govscot%3Adocument/FOI%2B202400418250%2B-%2BInformation%2BReleased%2B-            %2BAnnex%2BA.pdf

Further material up to the date in your request is shown at Annex A. Please note that in both the above published material and the material shown at Annex A, some of the information contained therein is subject to the following exemptions under FOISA: Sections 29(1)(a), 30(b), 30(c), 36(1) and 38.

The reasons why those exemptions apply are explained at Annex B.

Requests 4, 5, and 6

In relation to your requests for:

• Any correspondence between Angela Constance and Malcolm MacMillan from 1 May 2024 to 25 October 2024 in relation to the Lord Advocate;
• Any correspondence between the current Lord Advocate, Dorothy Bain, and Malcolm MacMillan in relation to splitting the Lord Advocate's role, from 1 May 2024 to 25 October 2024; and
• Any correspondence between the Lord Advocate, Dorothy Bain and Angela Constance in relation to the Lord Advocate's role, from 1 May 2024 to 25 October 2024;

We confirm that the Scottish Government does not hold any information in this regard. Accordingly, you are provided with notice under section 17 of FOISA that this information is not held.

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 202400438066 - Information released - Annex A

File type

PDF

File size

66.8 kB

FOI 202400438066 - Information released - Annex B

File type

PDF

File size

124.4 kB