FOI/202600516678 · FOI · partially withheld
Jury deliberation research award information: FOI release
Information requested
You asked for the following information pertaining to the award of DSF-Jury Deliberation Research:
1. The name(s) of the contractor(s) and any named sub-contractors and academic collaborators appointed to conduct jury research;
2. The full research specification or statement of requirements issued with the tender;
3. Whether an application has been made to the Lord Justice General under section 8A of the Contempt of Court Act 1981
4. Anything pertaining to why this study is being conducted, ie what is it intended to be the basis for?
Response
1. The name(s) of the contractor(s) and any named sub-contractors and academic collaborators appointed to conduct jury research
Ipsos have been contracted to conduct the research working with academic collaborators with significant expertise in this field (Professors Fiona Leverick and James Chalmers from the University of Glasgow, Professor Vanessa Munro from, the University of Warwick and Professor Barbara Krahé from the University of Potsdam)
2. The full research specification or statement of requirements issued with the tender
I enclose a copy of most 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 exemptions under sections 27(2) (ongoing research), 30(c) (the effective conduct of public affairs), and 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.
Section 27(2)
Exemptions under section 27(2) of FOISA apply to some of the information you have requested. This is because the information is part of a programme of research of which the Scottish Government intends to publish a report, and disclosure of the draft research questions and detail of the proposed methodology before publication could cause substantial prejudice to the programme of research and therefore to the interests of the Scottish Government in commissioning this research. The information withheld, if released, could allow participants in the research to consciously or unconsciously change their behaviour/actions in a way that affects the research findings.
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 the public may be interested in the details of the research before it is conducted. However, this is outweighed by the public interest in maintaining the integrity of the research which would be risked if participants had prior access to the research questions and details of the methodology.
Section 30(c)
Exemptions under section 30(c) of FOISA apply to some of the information you have requested. This is because, if disclosed, the information would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.
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 the public may be interested in the information. However, this is outweighed by the public interest in the sharing of relevant and important information between public bodies in confidence.
Section 38(1)(b)
Exemptions under section 38(1)(b) of FOISA apply to some of the information you have requested.
This is because the information is personal 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.
3. Whether an application has been made to the Lord Justice General under section 8A of the Contempt of Court Act 1981
The Scottish Government has submitted a research access request to the Lord Justice General and awaits a decision.
Please note that the final design of the research (including the aims, methodology and research questions) will not be finalised unless and until the project is approved by the Lord Justice General.
4. Anything pertaining to why this study is being conducted, ie what is it intended to be the basis for?
This part of the request is addressed by the information within the document enclosed in answer to part 2 of the request.
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
Whether an application has been made to the Lord Justice General under section 8A of the Contempt of Court Act 1981 4. 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 exemptions under sections 27(2) (ongoing research), 30(c) (the effective conduct of public affairs), and 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below. Section 27(2) Exemptions under section 27(2) of FOISA apply to some of the information you have requested. This exemption is subject to the 'public interest test'.