Justice Directorate
Civil Law Division
~1
T: 0131-244 4820 F: 0131-244 4848
The Scottish
E:
[email address]
Government
Mr Michael Simmler
12 May 2010
Dear Mr Simmler
FREEDOM OF INFORMATION REQUEST -
ADBElBASET
All MOHMED Al MEGRAHI
1.
I write in respect of your request for information concerning Mr Megrahi and with
reference to various communications concerning the validity of your request. As you know,
following the Court of Session judgment in
Glasgow City Council and Dundee City Council v
Scottish Information
Commissioner
[2009] CSIH 73, the terms of your request have been
considered to be invalid.
2.
However, following further advice and discussion about the implications of the
judgment, we now consider your request may have been valid. I have therefore undertaken
a further review to consider whether information could have been released if your application
had been treated that way.
3.
For these purposes, I used the formulation of your request given in your e-mail to
Neil MacLennan of 7 January, viz, for "all information contained in the "Notes of meetings
and telephone conversations with US and Foreign Office officials" and the "Correspondence
between the Scottish Government and the UK and US Governments referred to in Neil's
e-mail of 7 January."
4.
As you know, a considerable amount of information is publicly available - including
correspondence with the UK Government and therefore Section 25(1) applies - the relevant
information can be accessed
at:http://www.scotland.gov.uk/Topics/Justice/legal/lockerbie
.
However, as YOLl may also be aware, on our website we have published an exchange of
correspondence with the United States Government in which we sought, and they denied,
permission to release this material. This exchange can be found at:
http://www. scotIand.qov. uk/Topics/ Justice/leqal/lockerbi e/correspondence/us-qoV
St Andrew's
House, Regent Road, Edinburgh
EH 1 3DG
www.scotland.gov.uk
In respect of this information we therefore consider that Section 32(1 )(a)(i) of the Freedom of
Information (Scotland) Act applies, as we believe that release would 'substantially
prejudice
relations between the United Kingdom and any other State' - in this case the United States.
While the release of Mr Megrahi was primarily a matter for the Scottish Government,
this
clearly relates to an issue of foreign affairs ie a reserved matter.
Given the clear response
from the US Government
referred to above, and given the long-standing
convention
on
respecting
the confidentiality
of diplomatic
communications,
we are of the opinion that
release of this information would substantially
prejudice relations between the US and UK
Governments.
5.
While we acknowledge
there is significant
public interest in information
relating to
such a high-profile issue as the release of Mr Megrahi, we consider this to be outweighed by
the public interest in ensuring that relations between the UK and US are not damaged.
The
US is a key ally of the UK in many spheres eg in terms of the global economy as well as
international
relations.
Given the importance of maintaining effective relations with the US,
we therefore
suggest
that the public interest
lies clearly in withholding
release of this
information.
6.
If you are unhappy with the outcome of this review you have the right to appeal to the
Scottish
Information
Commissioner
about our decision within 6 months of receiving this
letter. You can contact the Commissioner at:
Kinburn Castle
Ooubledykes Road
St And rews
Fife
KY16 90S
Email:
[email address]
Tel: 01334464610
Should you then wish to appeal against the Commissioner's
decision, there is a right of
appeal to the Court of Session on a point of law only.
7.
This letter is being copied for information to the Scottish Information Commissioner.
Yours sincerely
RICHARD DENNIS
St Andrew's
House, Regent Road, Edinburgh
EHl 3DG
www.scotland.gov.uk
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