FOI/202600520910 · FOI · cost limit
Correspondence sent and received from the Chief of Staff to the First Minister: FOI release
Information requested
Copies of all emails sent or received by Colin McAllister, Chief of Staff, on 1 June 2026. For the avoidance of doubt, this request covers emails sent from, received by, copied to, or blind-copied to Colin McAllister on that date. Please exclude attachments from the scope of this request. I am not requesting copies of any documents attached to emails. However, where an email contains an attachment, please provide a list of the attachment names. If complying with the full request would exceed the £600 cost limit under section 12 of FOISA, please treat this request as narrowed in the following way: Please provide the earliest emails sent or received by Colin McAllister on 1 June 2026, starting from 00:01 and continuing chronologically through the day, until the point at which the £600 cost limit would be reached. If the cost limit would not be reached, please provide all emails sent or received by Colin McAllister on 1 June 2026. If any information is withheld under an exemption, please provide the remaining information with redactions, and explain which exemption has been applied.
Response
I enclose a copy of most of the information you requested in Annex B.
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 29(1)(a), 29(1)(d), 30(b)(I)&(II), 33(1)(b), 36(1) and 38(1) of FOISA applies to that information. The reasons why these exemptions apply are explained in Annex A to this letter.
Annex A
Section 29(1)(a) – formulation or development of government policy
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development] 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 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.
Section 29(1)(d) - Operation of any ministerial private office
An exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to all of the information requested because it relates to the operation of any Ministerial private office.
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, to ensure private offices operate efficiently and to inform public debate.
Section 30(b)(i) and 30(b)(ii) – free and frank provision of advice and exchange of views for the purposes of deliberation
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers or other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on policy and its presentation will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken, and/or these discussions relate to a sensitive or controversial issue.
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 provide full and frank advice to Ministers and/or other officials] as part of the process of exploring and refining the Government’s policy positions on a range of issues until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.
Section 33(1)(b) – commercial interests
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially commercial interests.
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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
Section 36(1) – legal advice
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.
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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
Section 38(1)(b) (personal data of a third party)
Section 38(1)(b) applies to some of the information because it is personal data of a third party, including the names of Scottish Government officials below the level of Senior Civil Servant, and personal email addresses. Disclosing this 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.
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
If complying with the full request would exceed the £600 cost limit under section 12 of FOISA, please treat this request as narrowed in the following way: Please provide the earliest emails sent or received by Colin McAllister on 1 June 2026, starting from 00:01 and continuing chronologically through the day, until the point at which the £600 cost limit would be reached. If any information is withheld under an exemption, please provide the remaining information with redactions, and explain which exemption has been applied. 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 29(1)(a), 29(1)(d), 30(b)(I)&(II), 33(1)(b), 36(1) and 38(1) of FOISA applies to that information. The reasons why these exemptions apply are explained in Annex A to this letter. Annex A Section 29(1)(a) – formulation or development of government policy An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development] of the Scottish Government’s policy.