FOI/202600522753 · FOI · partially withheld
Briefings provided by Special Advisers or Scottish Government officials to the Cabinet Secretary for Justice: FOI release
Information requested
A list of meetings and engagements (including telephone calls) held by either the Cabinet Secretary for Justice or First Minister between 16 May 2026 and 19 May 2026 (inclusive).
Any briefings provided by Special Advisers or Scottish Government officials to the Cabinet Secretary for Justice (or any other Government Minister deputising on their behalf) between 16 May 2026 and 19 May 2026 (inclusive).
Response
The answer to your question :
A list of meetings and engagements (including telephone calls) held by either the Cabinet Secretary for Justice or First Minister between 16 May 2026 and 19 May 2026 (inclusive)
All external meetings are published proactively within 12 weeks.
An exemption under section 27(1) of FOISA applies to all of the information requested because we intend to publish that information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release all of this routinely published information before the planned publication date.
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 information as part of open, transparent and accountable government, and to inform public debate, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.
Any briefings provided by Special Advisers or Scottish Government officials to the Cabinet Secretary for Justice (or any other Government Minister deputising on their behalf) between 16 May 2026 and 19 May 2026 (inclusive).
I have attached a response in Annex A.
While it is our aim to release information, in this case exemptions apply to some of the information.
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 and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on public disorder will substantially inhibit the provision of such advice in the future, particularly because and these discussions relate to a sensitive or controversial issue such as football related public disorder
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 other officials, as part of the process of exploring and refining the Government’s policy position on football related public disorder, until the Government as a whole can adopt a policy 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 decision making process, which would not be in the public interest.
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
An exemption under section 27(1) of FOISA applies to all of the information requested because we intend to publish that information within 12 weeks of the date of your request. 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. While it is our aim to release information, in this case exemptions apply to some of the information.