FOI/202500495089 · FOI · clarification
Deputy Director of Justice emails regarding Emergency Early Release (EER) scheme: FOI release
Information requested
You initially requested: “Please provide copies of all emails sent by the Deputy Director responsible for the Emergency Early Release scheme during the week of Sept 1 -7 where the subject line or body contains any of the following terms:
“early release” “EER” “release scheme””
Response
Following clarification of your request, it was agreed that your request would be refined to the provision of emails from the Deputy Director to Civil Servants which provide “strategic direction”, using the search terms “early release”, “EER” and “release scheme” during the varying date range initially requested.
I enclose a copy of the information you requested. This covers the entirety of the date ranges you requested under separate requests.
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 30(b)(ii) (free and frank exchange of views) and section 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.
Section 38(1)(b) 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 30(b)(ii) 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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken.
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 30(b)(ii) (free and frank exchange of views) and section 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below. Section 38(1)(b) 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 30(b)(ii) 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.