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FOI/202600500658 · FOI · partially withheld

Ministerial code information: FOI release

Published
2026-02-09
Received
2026-01-07
Responded
2026-02-04
Directorate
Propriety and Ethics Directorate
Topic
Public sector
Exemptions
35(2)

Information requested

1) Any and all evidence, correspondence, or memos or other information passed or received to or from the independent advisers on the ministerial code in relation to their probe into the Justice Secretary.

1a) This should include but not be limited to:

- Interview transcripts - List of witnesses - Written or oral statements - Notes, minutes, or agendas submitted or provided to the independent advisers - Any correspondence between the Scottish Government, including the secretariat for the investigation, and the independent advisers.

Response

I enclose a copy of some 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 the following exemptions under sections:

38(1)(b) (personal data of a third party) 30(c) (the effective conduct of public affairs) 30(b)(ii) (free and frank exchange of views) 35(1)(g) as read with section 35(2)(b) (prejudice to public authority functions to ascertain whether a person is responsible for conduct which is improper)

of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

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.

Detected exemption language

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 the following exemptions under sections: 38(1)(b) (personal data of a third party) 30(c) (the effective conduct of public affairs) 30(b)(ii) (free and frank exchange of views) 35(1)(g) as read with section 35(2)(b) (prejudice to public authority functions to ascertain whether a person is responsible for conduct which is improper) of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

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