Scotland Office, Ministry of Justice
Oifis Na H-Albainn
Andrew Winsor
Corporate and Constitutional Division
Dover House
Mr Wyllie
London, SW1A 2AU
[ By emaH; request-25291-
Telephone: 02072706756
a9481
[email address]]
Fax: 02072706812
andrew.
[email address]
www.scotlandoffice.Qov.uk
Our ref: Fol/547
Date:
29 January 2010
Dear Mr Wyllie
FREEDOM
OF
INFORMATION
REQUEST
ABOUT
SCOTLAND
OFFICE
COMMUNICATIONS WITH DCMS REGARDING THE DIGITAL ECONOMY BILL
Thank you for your request for information under the FOI Act 2000, emailed to the
Scotland Office on 31 December 2009. You requested the following:
Please provide me with information about the Scotland Office's communications with
the Department of
Culture, Media and Sport on the application of
the Digital
Economy Bill to Scotland that took place in 2008 and 2009.
Such
information
should
extend
to
copies
of
minutes,
memoranda
and
correspondence, in an electronic format.
The Scotland Office role with regards to legislation at Westminster
includes advising
UK Government departments on the devolution settlement and helping to encourage
engagement with the Scottish Government during policy development.
This is most
especially the case where UK legislation covers areas which are not reserved at
Westminster by Schedule 5 of the Scotland Act 1998. From the outset of devolution
the Government has been committed to upholding the Sewel Convention; that is, the
Government will not normally legislate on a devolved matter without the consent of
the Scottish Parliament.
Further details on the Sewel Convention and the Scotland
Office
role
in
maintaining
this
Convention
can
be
found
on
our
website:
http://www.scotlandoffice.gov.uklscotlandoffice/38.html
I can confirm that advice to Scotland Office from the Office of the Solicitor to the
Advocate General confirmed that the content of this Bill related to reserved policy;
the Scottish Government also took this view; as a result it was not necessary to seek
a Legislative Consent Motion for this Bill.
In terms of Scotland Office interaction with DCMS on this Bill, I can confirm that this
has consisted of telephone calls, e-mail and attendance at some meetings.
We do hold information within the scope of your request.
Having conducted a review
of this information I can confirm that it is falls within the scope of the exemptions. at
section 35 and section 42 of the Freedom of Information Act 2000.
Section 35
relates to policy formulation and section 42 relates to legal advice. Both exemptions
are subject to the public interest test; which we have considered in this case to fall in
favour of maintaining the exemption.
There is a public interest in access to information and clearer understanding of the
policy making process; however this must be balanced against both the timing of any
request and the need to carefully consider the space within which officials consider
matters of policy, provide advice and consider options.
There is also significant
information available in the public domain about the Sewel Convention,
its genesis,
operation and details of provisions that require consent under the Convention.
In
this case no Legislative Consent Motion is required as the Bill's provisions are all
within matters reserved under the Scotland Act 1998.
If you are dissatisfied with the decision made in relation to your request you may ask
for an internal review. A request for an internal review should be addressed to:
FOI Officer
1 Melville Crescent
EDINBURGH
EH3 7HW
If you are not content with the outcome of the internal review you have the right to
apply directly to the Information
Commissioner
for a decision. The contact details
are:
Information Commissioner's
Office
Wycliffe House
Water Lane
Wilmslow
CHESHIRE
SK95AF
If you have any queries about this letter please contact me.
Yours sincerely,
Andrew Winsor
Constitutional
Policy Branch
Scotland Office
Document Outline
