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FOI/202300345032 · FOI · partially withheld

Correspondence with the Pakistan Consulate from January to February 2014: FOI release

Published
2023-03-27
Received
2023-02-24
Responded
2023-03-24
Directorate
Topic
International, Public sector
Exemptions
32(1), 28, 3(2)

Information requested

From January and February 2014 "all correspondence, documents briefings and notes [...] regarding the case of Mohammad Asghar [& …] all correspondence between the Scottish Government and the Pakistan Consulate in Glasgow?"

Response

I attach a copy of some of the information you requested - specifically all correspondence between the Scottish Government and the consulate of Pakistan between January and February 2014. An exemption under section 32(1)(a)(ii) - substantial prejudice to the UK's interests abroad - of FOISA applies to some of the information you have requested as disclosing further documents relating to Mohammad Asghar is likely to undermine the promotion of human rights and endanger human rights defenders. 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 in the interests of open and transparent government. However, this is outweighed by the public interest in promoting and defending human rights. An exemption under section 28 - substantial prejudice to relationships within the UK applies to a small amount of the information you have requested as this contains private correspondence between the Scottish and UK governments. 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 in the interests of open and transparent government. However, this is outweighed by the public interest in maintaining a private space for discussion between governments. Additionally a small amount of the information you have requested is not held by the Scottish Government for the purposes of FOISA because we received it in confidence from the UK Government. This means that, under the terms of section 3(2)(a)(ii) of FOISA, we are unable to disclose it in response to your request. However, you may wish to submit a new request under the Freedom of Information Act 2000 (FOIA) to the Foreign Commonwealth and Development Office at information.rights@fcdo.gov.uk who may be able to help you further. 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.

Detected exemption language

An exemption under section 32(1)(a)(ii) - substantial prejudice to the UK's interests abroad - of FOISA applies to some of the information you have requested as disclosing further documents relating to Mohammad Asghar is likely to undermine the promotion of human rights and endanger human rights defenders. 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. An exemption under section 28 - substantial prejudice to relationships within the UK applies to a small amount of the information you have requested as this contains private correspondence between the Scottish and UK governments.

Attachments

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