Coroners and Justice Bill


Dear Dr Bevan

Thank you for your request for information under the Freedom of
Information (Scotland) Act 2002 ("the Act") dated 28 January 2009. We do
endeavour to provide information whenever possible. However in this
instance exemptions under section 28(1) and 29(1) of the Act apply so we
cannot release any of the information requested.

Section 28(1) of the Act states that "information is exempt information if
its disclosure under this Act would, or would likely to, prejudice
substantially relations between any administration in the United Kingdom
and any other such administration." Having considered the material
held, we cannot release the correspondence between ourselves and the UK
Government as to do so would run a serious risk of adversely affecting
future relations.

An exemption is also claimed under section 29(1) of the Act. This
sections states "information held by the Scottish Administration is exempt
information if it relates the formulation or development of government
policy". Having considered the material held, we cannot release the
material held as it relates to the formulation of Scottish Government
policy.

As both exemptions are conditional, we have applied the "public interest
test". This means we have, in all the circumstances of this case,
considered if the public interest in disclosing the information outweighs
the exemptions. We have found that, on balance, the public interest lies
in favouring the upholding the exemptions. We consider the public
interest lies in ensuring future contacts between the UK Government and
Scottish Government are not inhibited by the release of information and
that exchanges of material leading to the formulation of Scottish
Government policy should not inhibited by the release of information.

I am sorry we are unable to assist with your enquiry. If you are unhappy
with this response to your request, you may ask us to carry out an
internal review by writing to:

Robert Gordon
Director General - Justice and Communities
Room 1W.11
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Your request should explain why you wish a request to be carried out, and
should be made within 40 working days of receipt of this email, and we
will reply within 20 working days of receipt. If you are not satisfied
with the result of the review, you then have the right to make a formal
complaint to the Scottish Information Commissioner.

Regards
Philip Lamont
Criminal Law and Licensing Division
Justice and Communities
Scottish Government
GW.15 - St Andrew's House

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