Civil servants seconded to Scottish COVID inquiry: FOI release

Information requested

1. In relation to the Scottish COVID inquiry was a Scottish secretariat/civil servant seconded to this inquiry and when

2. Did the same Scottish secretariat/civil servant continue to correspondent with Scottish Ministers. If yes, can you please send all information which pertains to this.

Response

1. ‘In relation to the Scottish COVID inquiry was a Scottish secretariat/civil servant seconded to this inquiry and when’

The Scottish COVID-19 Inquiry is fully funded by Scottish Government. However, all matters relating to the operation of the Inquiry are for the Chair, entirely independent of the government. The staffing of the Inquiry is a matter for the Chair, and the Chief Executive and Secretary to the Inquiry was appointed through open competition (and had never worked for the Scottish Government prior to taking up their role in the Inquiry).

All inquiries in Scotland and across the UK include staff that are civil servants. Due to their legal status, public inquiries are unable to act as employers. Civil servants on assignment to public inquiries are required to continue to act with integrity, honesty, objectivity and impartiality.

In question 1, you use the terms ‘Scottish secretariat/civil servant’ and ‘seconded’ in your question. We understand this to mean that you are referring to Scottish Government civil servants assigned to the Scottish COVID-19 Inquiry. The Scottish COVID-19 Inquiry, similar to all Scottish and UK public inquiries, is staffed by a mix of fixed term appointment staff, agency staff and civil servants throughout the duration of its work.

2. ‘Did the same Scottish secretariat/civil servant continue to correspondent with Scottish Ministers. If yes, can you please send all information which pertains to this.’

A search was conducted to ascertain if any direct correspondence took place between civil servants assigned to the Scottish COVID-19 Inquiry and Scottish Ministers. All ministerial offices were contacted and Scottish Government electronic systems were searched. This search returned nine documents within the scope of your request.

I address your request below, providing some of the information you asked for, some of which is attached at Annex A.

Six documents are included in Annex A. Please note that letters referred to in Annex A are outwith the scope of your request and are not included as part of the response for this reason. Please also note that some of the information in Annex A includes personal data of a third party and is subject to exemption under section 38(1)(b), explained in more detail below. An exemption under section 30(c) has been applied to document 6, Annex A, explained in more detail below.

Three relevant documents have been released previously. For that reason, they are exempted from inclusion in this response under FOISA section 25(1), explained in more detail below. This includes direct communication, on behalf of the Chair, to the Deputy First Minister and Cabinet Secretary for Covid Recovery’s Private Office, from civil servants assigned to the Scottish COVID-19 Inquiry. This information can instead be accessed on the Scottish Government website using the following links:

https://www.gov.scot/publications/foi-202300338348/ 
https://www.gov.scot/publications/foi-202300338420/

Exemptions apply, not subject to the public interest test

Section 25(1) – information otherwise accessible

An exemption under section 25(1) of FOISA (Information otherwise accessible) applies to some of the information requested, as it can be reasonably obtained without asking for it under FOISA. 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. This information can be accessed by following the links above and includes the three previously released documents relevant to your request, in which civil servants assigned to the Scottish COVID-19 Inquiry communicated directly with the Deputy First Minister and Cabinet Secretary for Covid Recovery’s Private Office. FoI–202300338348 (Annex A, Documents 2 and 4) and FoI–202300338420 (Annex A, Document 9).

Section 38(1)(b) – applicant has asked for personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested as it is personal data of a third party, i.e. names and contact details of individuals, and disclosing 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 has been applied where necessary throughout the response. 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.

Exemptions apply, subject to the public interest test

Section 30(c) – substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA applies to some of the information you have requested. This exemption applies to document 6 in Annex A. Disclosing this information would substantially prejudice the independent work of the Scottish COVID-19 Inquiry by revealing information on matters relating to the operation and approach of the Inquiry. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption. 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. However, there is a greater public interest in protecting the independent operation of the Scottish COVID-19 Inquiry and the process of carrying out its work, and in ensuring that the Inquiry is able to carry out its work effectively and without inhibition or constraint.

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FOI 202400438720 - Information released - Annex A

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