Ministerial code breach correspondence: FOI release

Information requested

1. Could you supply all internal correspondence held surrounding the release of the government's James Hamilton legal advice?

2. Could you supply all documentation held, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, policy notes, about launching a new inquiry into the running of the investigation into whether Nicola Sturgeon breached the ministerial code?

3. Could you supply all documentation held, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, policy notes, that mention James Hamilton from the last three months?

Response

In relation to your first request, some of the information that you have requested is enclosed. 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 30(b)(i) and (ii) (Substantial inhibition of free and frank provision of advice or exchange of views for the purposes of deliberation), 30(c) (Effective conduct of public affairs), 36(1) (Confidentiality of communications) and 38(1)(b)(Personal information), of FOISA apply to that information. The reasons why these exemptions apply are explained in Annex A.

In relation to your second request, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have asked for.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Having conducted appropriate and proportionate searches for information in line with your requests, the Scottish Government holds no recorded information within the scope of your request.  

In relation to your third request, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600.

The reason for this is that your request is wide ranging in asking for all documentation held that mention James Hamilton from the last three months. In conducting relevant searches, a large amount of information has been found that may be within scope.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you might wish to consider narrowing the date range of your request or specifyingthe nature of specific aspects of information that you are particularly interested in. This would reduce the amount of information that needs to be considered.

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 202400440417 - Information Released - Annex

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