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Change in FOISA interpretation
Thomas Wright made this Freedom of Information request to Scottish Government
The request was refused by Scottish Government.
From: Thomas Wright
30 January 2010
Dear Scottish Government,
I have a request for information that relates to the Scottish
Government's changing view of FOI itself.
Please provide details of the discussions which took place prior to
and during the formulation of a recent change in the way the
Scottish Government handles FOI requests, which has deemed that
requests to the Government for documents are invalid. (This has
been well publicised in the Scottish press).
This reinterpretation of the FOI Scotland Act followed the Court of
Session Opinion of 30th September 2009 (Glasgow City Council vs
Scottish Information Commissioner).
In particular, the information I am requesting is:
(a) Details of internal Scottish Government discussion between
ministers (especially Stewart Maxwell), advisors, officials, FOI
officers or other Government staff relating to the change of
interpretation of FOISA - how was this decided, by whom was it
decided, and for what reasons?;
as well as:
(b) Details of any discussion with external parties such as legal
or Freedom of Information advisors relating to these same topics
and questions - what advice did the Scottish Government seek and
receive?
It is conceivable that the information I am requesting may be held
in the form of letters, emails, briefings, memos or other
communications, HOWEVER please be clear that it is the information
pertaining to the change in FOISA implementation and not
necessarily the documents which contain this information that I am
requesting.
Yours faithfully,
Thomas Wright
From: Thomas Wright
30 January 2010
Clarification: the reference to Stewart Maxwell in my request ought
to have said 'Bruce Crawford MSP'.
Scottish Government
25 February 2010
Dear Mr Wright,
Please find attached response to your FOI request dated 30 January 2010.
Kind regards,
Emma Murray
FOI Guidance & Appeals Team
0131 244 5901
Area G-A(N)
Victoria Quay
Edinburgh
EH6 6QQ
<<Thomas Wright invalid response.doc>>
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