Advice given regarding the no compulsory redundancy situation at SIAM Ltd

Dear Sir / Madam

Thank you for your request for information under the Freedom of
Information (Scotland) Act (FOISA) 2002.

You will be aware that the Act says that a request must include the name
of the applicant and an address for correspondence. The Commissioner has
confirmed that an e-mail address is sufficient when you are asking for
information. However, if you send your request by e-mail, you must give
your name in the body of the e-mail to fulfil the requirement that the
name of the applicant is given.

In order to validate your request, I would be grateful if you could
confirm your name.

I look forward to hearing from you.

Regards

Karen Hannah

Karen Hannah
Corporate Office
Scottish Enterprise
Atrium Court
50 Waterloo Street
Glasgow G2 6HQ

Tel: 0141 228 2636
Fax: 0141 228 2040

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Dear Mr Raven

Thank you for responding so quickly.

I confirm that a response will be sent to you as soon as possible and no later than 3 May.

Yours sincerely
Karen Hannah

Karen Hannah
Corporate Office
Scottish Enterprise
Atrium Court
50 Waterloo Street
Glasgow G2 6HQ

Tel: 0141 228 2636
Fax: 0141 228 2040

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Dear Mr Raven

Thank you for your request for information under the Freedom of
Information (Scotland) Act 2002 (FOISA), seeking copies of legal and / or
HR advice regarding the no compulsory redundancy situation at Scottish
Intellectual Asset Management Ltd.

Please find attached correspondence which we are able to release within
the scope of your request.

Other correspondence/advice has been withheld under Section 36(1) of FOISA
which provides an exemption for information where a claim to
confidentiality of communications could be maintained in legal
proceedings. There are two branches to this exemption, the legal advice
privilege and the litigation privilege. The legal advice privilege covers
communications between lawyers and their clients where legal advice is
sought and given, whereas the litigation privilege applies to
communications beyond those between a lawyer and his client and applies to
information created in contemplation of litigation.

The withheld information is information in respect of which a claim to
confidentiality of communications could be maintained in legal
proceedings.

The exemption in section 36(1) is a qualified exemption, which means that
it is subject to a public interest test.

The Public Interest Test
The Scottish Information Commissioner's guidance on the exemption in
section 36(1) provides that the courts have recognised that there is a
strong public interest in maintaining the right to confidentiality of
communications between a legal adviser and his client. The Commissioner
has previously found that there will always be a strong public interest in
maintaining the right to confidentiality of communications between a legal
adviser and his client and that, while every case must be considered on an
individual basis, he is only likely to order release of information to
which the exemption applies in highly compelling cases. I do not consider
that there are any highly compelling reasons in the circumstances of this
request which would mean that the public interest would be better served
by release of the information than it being withheld.

Having considered the whole circumstances of this case, I consider that
the public interest in disclosing the information is outweighed by the
public interest in maintaining this exemption. I therefore find that the
information should be withheld under section 36(1) of FOISA.

If you are dissatisfied with this decision you have the right under the
Freedom of Information (Scotland) Act 2002 to request a review. A request
for review must be submitted in writing or other permanent form within 40
working days of the date of this letter and should be addressed to:

Lena Wilson
Chief Executive
Scottish Enterprise
Atrium Court
50 Waterloo Street
Glasgow
G2 6HQ

It must include your name and an address for correspondence, and specify
the request for information to which the requirement for review relates
and the matter which gives rise to your dissatisfaction with the decision.

Scottish Enterprise will respond to any request for review within 20
working days of receipt.

Your right to apply to the Information Commissioner under FOISA

If you are dissatisfied with the outcome of the review you have the right
under FOISA to apply to the Scottish Information Commissioner within six
months following the date of receipt of the review notice. The
Commissioner's contact details are:

The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS

Email [1][email address]
Tel: 01334 464610

Yours sincerely
Karen Hannah

Karen Hannah
Corporate Office
Scottish Enterprise
Atrium Court
50 Waterloo Street
Glasgow G2 6HQ

Tel: 0141 228 2636
Fax: 0141 228 2040

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Dear Mr Raven

I refer to your email of 17 May in relation to the information provided to you under the Freedom of Information Act (Scotland) 2002. This email has been treated as a Request for Review and as such has been subject to an independent review.

The outcome of the review confirmed that correspondence was correctly witheld under Section 36(1) covering the legal advice privilege over communication between lawyers and their clients.

You queried whether the information provided was the HR or Legal advice provided to Elaine Morrison and/or Ian McCoull. Having reviewed the documentation I can confirm that the email from Lee Thorburn, dated 12 January 2011 and sent to Peter Denheen in SE's HR department, was provided to Elaine Morrison. A copy of the email confirming this has been released under the review and is attached.

If you are dissatisfied with the outcome of the review you have the right under FOISA to apply to the Scottish Information Commissioner within six months following the date of receipt of the review notice. The Commissioner’s contact details are:

The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS

Email [email address]
Tel: 01334 464610

Yours sincerely

Dr Lena C Wilson
Chief Executive

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