Scottish Police Federation: FOI release

Information requested

A copy of any disclosable records which relate to the following:

• Copies of audited accounts for the Scottish Police Federation, with any explanatory notes, statements of opinion, reports, findings, cover letters, etc. covering financial year ending 31/3/2019 to present (these should have been provided to the Scottish Ministers each year in terms of Reg. 18 of The Police Federation (Scotland) regulations 2013.
• Copies of any correspondence (in any available format) between The Scottish Police Federation (or their representatives) and the Scottish Ministers (or their representatives) from 01/04/2019 to present (time of receipt).
• Details of any payments, grants, or awards in-kind made by the Scottish Government to Scottish Police Federation and any correspondence relating to the issuing of such grants, etc. from 1/04/2019 to present

I would be grateful if references to “present” is taken to mean up to the date material processing (rather than filing/logging) begins on this request. References to correspondence should include (but not be limited to) the exchange of letters, emails, memoranda, agendas and briefs.

Response

Response to your request (1)

In response to your request for ‘Copies of audited accounts for the Scottish Police Federation, with any explanatory notes, statements of opinion, reports, findings, cover letters, etc. covering financial year ending 31/3/2019 to present (these should have been provided to the Scottish Ministers each year in terms of Reg. 18 of The Police Federation (Scotland) regulations 2013’, whilst our aim is to provide all of the information you have requested, in this instance the Scottish Government does not have the information you have requested.

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

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.

Response to your request (2)

In response to your request for ‘Copies of any correspondence (in any available format) between The Scottish Police Federation (or their representatives) and the Scottish Ministers (or their representatives) from 01/04/2019 to present (time of receipt)’, this has been provided in Annex A of this letter. 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 some exemptions apply to that information. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of that information you have requested because it is personal data of a third party, and disclosing it 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 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.

A further exemption that applies to the information you have requested due to the nature of that information included in these minutes. In this instance, section 30 (b) (ii) substantial inhibition of free and frank exchange of views for the purposes of deliberation applies to that information because this exemption recognises the need for Ministers and officials to have a private space within which to seek advice and discuss options before reaching a settled public view. Disclosing the content of such advice/discussions will substantially inhibit the free and frank provision of advice and/or exchange of views in the future, particularly while discussions are ongoing and decisions have not been taken, and/or
if those discussions relate to sensitive or controversial issues.

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 some public interest in release because disclosure of the information requested would enhance public scrutiny of our decision-making or policy- making processes, and therefore our transparency and accountability. However, this is outweighed to apply the exemption as it is essential for Scottish Government officials to be able to hold discussions with external stakeholders on a range of issues it is responsible for. Disclosing information about such meetings, particularly without the consent of the stakeholder, is likely to undermine their trust in Government and make them reluctant to participate in future, or to provide their views fully and frankly. This would significantly harm the Scottish Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence needed to make fully informed policies/decisions.

In addition, some of the information you have requested is already publically available Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. Please see links down below for the information that is already publically available.

Previous FOI releases relevant to your request:-

FOI/201900005185 - Scottish Police Federation correspondence since June 1st 2019: FOI request - gov.scot (www.gov.scot)

FOI/202000111735 - Scottish Police Federation communication relating to public inquiry: FOI release - gov.scot (www.gov.scot)

Correspondence from SPF to the Cabinet Secretary for Justice and Veterans:-

June 2022 - JCC Circular 19 of 22 - Police Pay Information - Scottish Police Federation (spf.org.uk)

July 2022 - JCC Circular 26 of 2022 - Police Pay Update - Scottish Police Federation (spf.org.uk)

Consultation regarding Pyrotechnics that was included as part of an email attachment (see Annex A)

Fireworks and Pyrotechnics Bill - Fireworks and Pyrotechnics Bill - gov.scot (www.gov.scot)

In terms of the information above that is already released as part of a previous FOI, we have concluded that the exemptions that were upheld are relevant for the purposes of your request. This includes, the following exemptions:-

Section 38(1)(b) of FOISA (personal information) applies to some of that information because it is personal data of a third party, and disclosing it 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 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.

Section 30 (b) (ii) substantial inhibition of free and frank exchange of views for the purposes of deliberation applies to the information because this exemption recognises the need for Ministers and officials to have a private space within which to seek advice and discuss options before reaching a settled public view. Disclosing the content of such advice/discussions will substantially inhibit the free and frank provision of advice and/or exchange of views in the future, particularly while discussions are ongoing and decisions have not been taken, and/or if those discussions relate to sensitive or controversial issues.

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 some public interest in release because disclosure of the information requested would enhance public scrutiny of our decision-making or policymaking processes, and therefore our transparency and accountability. However, this is outweighed to apply the exemption as it is essential for Scottish Government officials to be able to hold discussions with external stakeholders on a range of issues it is responsible for. Disclosing information about such meetings, particularly without the consent of the stakeholder, is likely to undermine their trust in Government and make them reluctant to participate in future, or to provide their views fully and frankly. This would significantly harm the Scottish Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence needed to make fully informed policies/decisions.

Response to your request (3)

In response to your request for ‘details of any payments, grants, or awards in-kind made by the Scottish Government to Scottish Police Federation and any correspondence relating to the issuing of such grants, etc., from 1/04/2019 to present’, this has been provided in Annex B of this letter. Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because some exemptions apply to that information. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of that information you have requested because it is personal data of a third party, and disclosing it 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 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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202200311270 - Information released

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