Criminal Justice and Parole Division
T: 0131-2441823 F: 0131-2448794
E: /
Mr Wyllie
Whatdotheyknow.com
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Your ref:
Our ref:FOI/10/00722
25 June 2010
Dear Mr Wyllie
FREEDOM OF INFORMATION REQUEST
VISITING COMMITTEES FOR SCOTTISH PENAL ESTABLISHMENTS
Thank you for your email of 11 May 2010to our Freedom of Information Unit requesting information under the Freedom of Information (Scotland) Act 2002.
You asked for information about contact held between the Association of Visiting Commtteesfor Scottish Penal Establishments, HM Inspectorate of Prisons for Scotland.and the Scottish Government since 1st January 2009 in relation to the reform of the system ofvisiting commitees taking place as part of the Government's programme of public reformand discussions held in the Scottish Government in relation to this. You asked that this should include, among other items, copies of minutes, memoranda, and correspondence between the respective institutions and the Government and that this information is provided to you in an electronic format.
I should firstly againapologise for the fact that this response is considerably beyond our 20 working day target. As you know I have previously provided you with an explanation for this and updated you on the progress in dealing with your request.
We do endeavour to provide information whenever possible. However, in this instance an exemption under section 29 (1) (a) of the Act applies to all the information requested in that it relates to the formulation or development of public policy.
As the exemption is conditional we have applied the ‘public interest test’. This means we have in all the circumstances of this case considerd if the public interest in disclosing the information outweighs the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption in relation to some of the information requested. .
In considering the public interest test we have taken in to account the information which is to some extent already in the ‘public’ domain in relation to the policy of exploring the prospect of linking the functions of Visiting Committees with HM Inspectorate of Prisons together with the current position in relation to the policy development.
We have concluded that where the information relates to discussions held with the 3 parties in relation to the policy of exploring the prospects of linking the functions of Visiting Committees with HM Inspectorate of Prisons, it is on balance in the public interest to release this information and accordingly this is enclosed. This includes emails between the respective organisations, memos and minutes of meetings, letters between the Association of Visiting Committees and officials and an answer to a parliamentary question.
Where, however it relates to policy that is still in development and has not been finally settled upon by Ministers we have concluded that it is on balance in the public interest to withhold this information. This is on the basis that officials require some protected space in which to formulate policy – without which it would be very difficult for the Government to record the merits or drawbacks of one particular approach or another. The information witheld includes internal emails, internal minutes of meetings, internal memos and draft papers for Ministers.We do hope however that when the policy has been fully developed and agreed by Ministers that we would be in a position to release many, if not all of the witheld information. Although I can not be certain of the precise timings for this I hope this would be sometime in late summer/early autumn.
If you are unhappy with this response, you have the right to request a review.Your request should be made within 40 working days ofthe date of receipt of this letter, and we will reply within 20 working days of receiving your request. Under section 20(3)(c)(ii) of the Act your request should outline your reason for seeking a review. If you remain dissatisfied following an internal review, you then have the right to make a formal complaint to the Scottish Information Commissioner.
If you require a review to be carried out, please write to Bridget Campbell, Director of Justice, Justice Directorate, Room GW.05, St Andrew’s House, Regent Road, Edinburgh, EH1 3DG.
I hope you find this reply helpful.
Yours Sincerely
Gordon Kilpatrick
Parole Unit
St Andrew’s House, Regent Road, Edinburgh EH1 3DG/