FOI/202500498187 · FOI · partially withheld
Correspondence held by the Scottish Government regarding Professor Alexis Jay's letter to Cabinet Secretary for Justice & Home Affairs: FOI release
Information requested
1. Could you supply all internal discussions/correspondence held by the Scottish Government about Professor Alexis Jay's letter to Angela Constance dated September 26, specifically about whether or not to publish it?
2. Could you supply all minutes/notes held from any phone calls between Alexis Jay and John Swinney, Alexis Jay and Angela Constance and Alexis Jay and Jenny Gilruth, since September 1 2025?
3. Could you supply all internal discussions/correspondence about Angela Constance's Alexis Jay comments from the last two weeks?
4. During her appearance on the Sunday Show December 14 Jenny Gilruth mentioned receiving a briefing from Police Scotland about child grooming, could you provide this?
Could you also provide all briefings prepared for Jenny Gilruth ahead of this appearance?
Response
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 s.38(1)(b) (personal information), s. 29(1)(a) formulation of Government policy) and section 30(b)(i) and 30(b)(ii) (provision of advice) FOISA applies to that information. The reasons why these exemptions apply are explained below.
Some of the information you have requested is publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. You can access that information here:
Professor Alexis Jay correspondence with the Scottish Government: FOI release - gov.scot First Minister and Alexis Jay conversation materials: FOI release - gov.scot National Child Sexual Abuse and Exploitation Strategic Group minutes: October 2025 - gov.scot Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 17 December 2025 Correspondence on whether a correction to the Official Report was necessary regarding remarks on Professor Alexis Jay: FOI release - gov.scot
At question 4 in your request you ask for “a briefing from Police Scotland”. We have conducted a search for this material. The briefing was provided verbally in a meeting, and therefore written records are not held.
An exemption(s) under s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption relates to personal information and specifically the person data of third parties. This applies in this case as the information you have requested includes detailed data of third parties. 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 under s.29(1)(a) (formulation of Government policy) of FOISA applies to some of the information you have requested. This exemption relates to the formulation of the Scottish Government’s 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on child protection policy will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
An exemption under 30(b) (i) and 30(b)(ii) of FOISA (free and frank provision of advice or exchange of views) apply to some this information. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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 a private space within which officials can exchange views provide full and frank advice, as part of the process of exploring and refining the Government’s position until the Government can adopt a decision that is sound and likely to be effective.
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
Response 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 s.38(1)(b) (personal information), s. 29(1)(a) formulation of Government policy) and section 30(b)(i) and 30(b)(ii) (provision of advice) FOISA applies to that information. The reasons why these exemptions apply are explained below. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. An exemption(s) under s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested.