Cabinet Secretary for Justice and Home Affairs attendance at Premier Sports Cup Final: FOI release

Information requested

All briefings written, all minutes/notes from meetings and correspondence relation to Angela Constance's trip to watch the Scottish League Cup Final on December 15.

Response

I enclose a copy of most 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 because exemptions under sections 38(1)(b) (personal information), 29(1)(a) (formulation/development of Government Policy) and 30(b)(i) free and frank advice of FOISA applies to that information.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it relates to people below the grade of a senior civil servant.

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 as regards specific aspects of football on which we are currently considering our approach. 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 the policies 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.

An exemption under section 30(b)(i) of FOISA (free and frank advice) applies to some of the information requested because it relates to the advice given by Police Scotland for their operations in advance and during the match. 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 the details of the Police operation as it may hinder future operations which ultimately is to the protect spectators and the wider general public. 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 the policies willbe 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.

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 202400446434 - Information Released - Annex

File type

PDF

File size

425.4 kB