FOI/202600510649 · FOI · partially withheld
Documents and correspondence between Fiona McQueen and Scottish Government regarding resignation from Scottish Police Authority: FOI release
Information requested
Can you provide any documents and correspondence between Ms Fiona McQueen and Scottish Government officials regarding her decision to step down from the Scottish Police Authority?
Please provide any correspondence involving Justice Secretary Angela Constance, First Minister John Swinney and/or Health Secretary Neil Gray.
Response
Some of the information you have requested can be found in Annex B of this response. I can confirm that a number of exemptions apply to the information requested which are listed and explained below:
Section 38(1)(b) – applicant has asked for personal data of a third party An exemption under section 38(1)(b) of FOISA (personal information) applies to some 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.
Section 36(2) – actionable breach of confidence An exemption under section 36(2) of FOISA (actionable breach of confidence) applies to some of the information requested because it was obtained from the former SPA Chair and disclosure would constitute an actionable breach of confidence. This is because the information is confidential, was provided in circumstances which imposed an obligation on the Scottish Government to maintain that confidentiality, and unauthorised disclosure would be to the detriment of the person who provided the information. 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) – free and frank exchange of views for the purposes of deliberation An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with Ms McQueen on her decision to resign as Chair of the SPA will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.
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 allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders . This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Such a disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.
Section 30(c) – substantial prejudice to the effective conduct of public affairs An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate, often in confidence, with external stakeholders on a range of issues. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed policy.
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 allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.
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Detected exemption language
I can confirm that a number of exemptions apply to the information requested which are listed and explained below: Section 38(1)(b) – applicant has asked for personal data of a third party An exemption under section 38(1)(b) of FOISA (personal information) applies to some 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. Section 36(2) – actionable breach of confidence An exemption under section 36(2) of FOISA (actionable breach of confidence) applies to some of the information requested because it was obtained from the former SPA Chair and disclosure would constitute an actionable breach of confidence. 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) – free and frank exchange of views for the purposes of deliberation An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested.