FOI/202500491193 · FOI · already published
Special Advisor communications: FOI release
Information requested
You asked for all communications that Senior Special Advisor Davie Hutchison sent and received the week of Monday 20 October.
Response
I enclose a copy of some of the information you requested in Annex A.
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 25 (1), 27, 29(1)(a), 30(b)(1), 38(1)(b) 36(1), 17 of FOISA applies to that information. The reasons why these exemptions apply are set out below.
Section 25 (1) Information otherwise accessible
All/Some of the information you have requested is publicly available from Scottish Parliament | Scottish Parliament Website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
Section 27 Information Intended for Future Publication
This is a formal notice that Section 27(1) of FOISA applies to some of the information you have requested. The information requested will be published within 12 weeks of your request and will be available at this link: The Scottish Government - gov.scot. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.
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 Scottish Government 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 interestin high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions.
Section 30(b)(1) (Free and Frank Provision of Advice)
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 Ministers and officials to have a private space within which to share briefing on Scottish Government policy positions. Disclosing the content of free and frank advice given in briefings such as FMQs will substantially inhibit the provision of such briefing materials in the future.
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 as part of the process of providing briefing on Government policy.
30(b)(ii) (Free and frank exchange of views for the purposes of deliberation)
An exemption under 30(b)(ii) (Free and frank exchange of views for the purposes of deliberation) of FOISA applies to some of the information you have requested. 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, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing ministers and officials a private space to exchange views on matters of such importance before reaching a settled public position.
Section 38(1)(b) (Third party personal data)
An exemption under section 38(1)(b) applies to some of the information requested. This is because it relates to the personal data of civil servants below Senior Civil Service grades. 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(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 17 (Information not held)
An exemption under section 17 applies to some of the information requested. This is because the information was not provided to special advisers, meaning it is not in scope 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
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 25 (1), 27, 29(1)(a), 30(b)(1), 38(1)(b) 36(1), 17 of FOISA applies to that information. The reasons why these exemptions apply are set out below. Section 25 (1) Information otherwise accessible All/Some of the information you have requested is publicly available from Scottish Parliament | Scottish Parliament Website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Section 27 Information Intended for Future Publication This is a formal notice that Section 27(1) of FOISA applies to some of the information you have requested.