Scottish Prison Service mobile phones for prisoners: FOI release

Information requested

1. Whether any value for money review has been conducted of the Scottish Prison Service’s mobile phones for prisoners project since its introduction in April 2020.
2. All correspondence between the Scottish Prison Service and Scottish Ministers and their Special Advisers regarding prisoner mobile phones. Please provide this information between 1 September 2022 and the present date. This should include emails (and attachments), WhatsApps, meetings, phone calls and zoom/teams calls.

Response

Request No.1

I enclose a copy of some the information you requested as Annex A. 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 exemptions under section 38(1)(b) and Section 33(1)(b) and 35(1)(f) applies to the information you requested. The reasons why these apply are explained below-

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals, 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.

An exemption applies under s.33(1)(b)of FOISA to the information you have requested, and we have redacted some commercially sensitive information which could prejudice the commercial interests of the contractor. This is because some information reflect estimated budgetary provisions, details of supplier’ s costing information, which may prejudice any future procurements for similar solution possibly giving competitive advantage and SPS not obtaining value for money.

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which may tender for, or enter into, contracts with Scottish Government agencies, to ensure that we are always able to obtain the best value for public money.

An exemption applies under s. section 35(1)(f) of FOISA and some of information relating to the maintenance of security and good order in prisons have been redacted. 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 concluded that there is a greater public interest in protecting the security and good order within prisons and in not prejudicing substantially a safe and orderly regime and the safe, secure and effective custody of prisoners and the safety of people in or around prisons.

Request No.2

I enclose a copy of the information you requested as Annex B. Some information has been provided in the form of an extract because the remainder of the information in that document does not fall within the scope of the request.

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 exemptions under section 38(1)(b), Section 30(b)(i) and 30(b)(ii),and section 36(1) of FOISA applies to elements of the correspondence you requested. The reasons why these apply are explained below-

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals, 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.

An exemptions under section 30 (b)(i) and section 30 (b)(ii) of FOISA (free and frank provision of advice and exchange of views for the purposes of deliberation) applies to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemptions recognise the need for officials to have a private space within which to provide free and frank advice to both other government officials and Ministers when discussing the policy for providing mobile phones to prisoners.

The above exemptions are subject to the ‘public interest test’. Therefore, taking account of all of the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 allowing a private space within which officials can provide full and frank advice to Ministers, to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken.

An exemption under section 36(1) of FOISA (confidentiality of communications) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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. recognise that there is some public interest in release as part of open and transparent government, and to inform the public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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.

202300358582_Information released - Annex A

File type

16 page PDF

File size

350.1 kB

202300358582_Information released - Annex B

File type

7 page PDF

File size

273.3 kB