FOI/202300390024 · FOI · partially withheld
Appointment of Mike Russell as chairman of Scottish Lands and Estates: FOI release
Information requested
The following regarding the appointment of Mike Russell as chairman of Scottish Lands and Estates.
Describe in as much detail as process for selecting Mike Russell. Did he have to fill in an application? Which other candidates were considered? Was there an interview process? Was there any kind of scoring criteria used to establish the best candidate? Etc Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between SLC and the Scottish Government regarding Michael Russell. Information should include but not be limited to a detailed timeline (with dates) of any contact between SLC and the Scottish Government. Please provide this information between the dates of 1 August 2023 and 11 December 2023 inclusive. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the SNP and the Scottish Government regarding Michael Russell. Information should include but not be limited to a detailed timeline (with dates) of any contact between the SNP and the Scottish Government. Please provide this information between the dates of 1 August 2023 and 11 December 2023 inclusive.
We interpreted your request as concerning Mike Russell’s appointment as chair of the Scottish Land Commission (SLC), as you have referred to the SLC in the body of your request.
Response
I enclose a copy of some of the information you requested. While our aim is to provide information whenever possible, in this instance we have redacted work and personal telephone numbers and the names and contact details of all staff below Senior Civil Service (SCS) level. This is formal notification that we are unable to provide all of the information you have requested and an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it 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.
A response to the information requested in your enquiry is provided below.
Describe in as much detail as process for selecting Mike Russell. Did he have to fill in an application? Which other candidates were considered? Was there an interview process? Was there any kind of scoring criteria used to establish the best candidate? Etc
The appointments process to the SLC is regulated by the Ethical Standards Commissioner. The appointments process has been conducted in line with the Code of Practice for Ministerial Appointments to Public Bodies in Scotland. Mr Russell completed an application form for the role. A total of 7 applications were received for the role of Chair of SLC.
Details of the appointment process (including the interview arrangements) are included in the Applicant Information Pack, which was publicly available during the advertising period, and is attached to this letter. A copy of the scoring used for applications and interviews is also attached.
I attach copies of the information you requested:
Correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between SLC and the Scottish Government regarding Michael Russell.
Date Form of Correspondence Description 24 October 2023 Email 1 Email from SG to selection panel (inc. Chair of SLC) 22 November 2023 Email 2 Email exchange between SG and selection panel (inc. Chair of SLC) 30 November 2023 Phone call Phone call between Director ARE and Chair of SLC 30 November 2023 Text message Text message from Chair of SLC to Director ARE
We have applied an exemption under 38(1)(b) of FOISA (personal data relating to applicant) to ‘Attachment 1 (to Email 2)’.
Correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the SNP and the Scottish Government regarding Michael Russell.
No information held by Scottish Government.
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Detected exemption language
This is formal notification that we are unable to provide all of the information you have requested and an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it 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. Chair of SLC) 30 November 2023 Phone call Phone call between Director ARE and Chair of SLC 30 November 2023 Text message Text message from Chair of SLC to Director ARE We have applied an exemption under 38(1)(b) of FOISA (personal data relating to applicant) to ‘Attachment 1 (to Email 2)’.