Information Management and Governance
Scottish Parliament
Edinburgh
EH99 1SP
xxx.xxxxxxx@xxxxxxxxxx.xxxx
13 January 2021
Dear Requester
REQUEST FOR INFORMATION: 2020-655225
We acknowledge your request for the following information:
The Scottish Parliament are thanked for their response and the information
that has been provided but an Internal Review is requested because a
scenario does not seem to have been included within the response. Could the Scottish Parliament please look back at their response and consider
what would happen if incorrect information was provided in a Consultation
Document (and that the Judiciary in Scotland could confirm that this
information is incorrect e.g. from a Judgement in a prosecution) and the
consultation was used to enact legislation that has passed royal assent. If the route to redress concerns is still through the Scottish Government
(rather than any Scottish Parliament committee) then this Internal Review
should, hopefully, clarify this matter.
Your request was received on 18th December 2020 and has been handled in
accordance with the Freedom of Information (Scotland) Act 2002 (FOI(S)A).
We have interpreted your original request under reference 2020-654613 as
relating to the period before any Bill linked to the disputed consultation
document had been passed.
As on review you refer to a scenario where incorrect information was provided
in a consultation document that was used to enact legislation that has passed
royal assent, we have handled your request for a review dated 18th December
2020 as a new request.
The fact that there may be a dispute as to the accuracy of some of the
information provided for the consideration of the Parliament in relation to a Bill
would not invalidate the process by which the Parliament considered and
passed the Bill, nor would it invalidate the fact that the Bill received Royal
Assent and became an Act.
In line with the technical requirements of FOI(S)A we have therefore provided
a notice advising that the information you have requested is not held by the
Scottish Parliament. This is because the route for disputing the contents of a
consultation document issued by the Scottish Government that was
subsequently used to inform a Government Bill would still be by complaint to
the Scottish Government. (In saying this, we assume that you are still
referring, as you did in your original request, to a consultation document
published by the Scottish Government.)
Should you wish to make a new request to the Scottish Government you can
do so by contacting them. You can access information about how to contact
the Scottish Government at the following link:
https://www.gov.scot/about/contact-information/how-to-request-information/
Further information about the roles of the Scottish Parliament and the Scottish
Government together with how laws are made by the Scottish Parliament are
available
in
a
number
of
online
leaflets
here:
https://www.parliament.scot/visitandlearn/leaflets-and-guides.aspx
In keeping with our FOI procedures, this information may also be posted on
the Parliament's disclosure log (usually within 24 hours). For further details
on the Parliament's Disclosure Log and the information released under FOI,
visit:
https://www.parliament.scot/abouttheparliament/17700.aspx
The supply of information under FOI does not constitute permission for its use
in a way that would infringe copyright
http://www.parliament.scot/help/13591.aspx
We would welcome feedback or comment on how we handled your request.
Please feel free to contact the Head of Information Governance at
xxx.xxxxxxx@xxxxxxxxxx.xxxt
Please find below Annex A, which explains how we handle FOI requests and
reviews.
We are currently working remotely and so would ask you to contact us
by email at xxx.xxxxxxx@xxxxxxxxxx.xxxx
Yours sincerely,
Claire Turnbull
Head of Information Governance
Annex A
REQUESTS MADE UNDER
THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
How we handle FOI requests
Information on how we handle FOI requests is available on the Parliament’s
website at:
https://www.parliament.scot/abouttheparliament/43163.aspx
Alternatively, please contact the Public Information & Resources Team to
request a copy.
http://www.parliament.scot/visitandlearn/25072.aspx
Review
If you are dissatisfied with the way in which we have dealt with your request
for information, you can ask us to review our decision and actions. You must
do this in writing (or other permanent form) within 40 working days of the date
of this letter, stating the reasons for your dissatisfaction, and we will respond
within 20 working days of receipt. A request for a review should be made to
the Head of Information Governance:
Post:
Head of Information Governance
The Scottish Parliament
Edinburgh
EH99 1SP
Telephone: 0131 348 6913
(Calls using the Text Relay service are
welcome.)
E-mail:
xxx.xxxxxxx@xxxxxxxxxx.xxxt
Application to the Scottish Information Commissioner
If, on the outcome of any review, you are still dissatisfied, or if we are unable
to resolve any other complaint, then you can contact the Scottish Information
Commissioner:
Post:
The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Email:
www.itspublicknowledge.info/Appeal
Telephone: 01334 464610
Fax:
01334 464611
Website:
www.itspublicknowledge.info
A decision by the Scottish Information Commissioner may be appealed on a
point of law to the Court of Session.
Copyright in relation to information provided
The supply of information under FOI does not constitute permission for its use
in a way that would infringe copyright. Where relevant you should obtain
permission from the copyright holder before any such use.
Feedback or comment
We would welcome feedback or comment on how we handled your request.
Please contact the Head of Information Governance.
Data Protection
If you wish to find out more about how we use your personal data then you
can access our Privacy Notice at the following link:
https://www.parliament.scot/abouttheparliament/108320.aspx
Complaints If you are dissatisfied with the way in which we dealt with your enquiry, then
you may wish to raise the matter with Public Information and Resources.
.
How to contact us
Post:
The Scottish Parliament
Edinburgh
EH99 1SP
Telephone: 0131 348 5000
0800 092 7500 (Public Enquiries)
0131 348 5395 (GĂ idhlig)
We also welcome calls using the Text Relay service or in British Sign
Language through
contactSCOTLAND-BSL. E-mail:
xxxx@xxxxxxxxxx.xxxx