Dear Scottish Government,

This is a request for information.

Please provide information about minutes of, and papers submitted to, RABS (Audit Scotland).

Please provide a copy of the information, in an electronic format.

Yours faithfully,

Mr Wyllie

Dear Scottish Government,

Please provide an explanation, by the end of Monday, why you have failed to provide even an acknowledgement of my request.

If you don't provide a response, I shall have no choice but to request an internal review.

Yours sincerely,

Mr Wyllie

Scottish Government

Good Morning

Can you please let me know what the original enquiry was?

Scottish Government
Central Enquiry Unit

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Hello there,

Thanks for your message. The whole request is available here:

http://www.whatdotheyknow.com/request/ra...

Kind regards,

Mr Wyllie

Scottish Government

Mr Wylie

Many thanks for your recent correspondence. I apologise for the delay in
my response, however we did send an initial acknowledgement of your
request which was bounced back from the email address provided. The delay
to my full response is due to us being about to publish information which
I believe will be of interest to you i.e. the summary report from the RABS
Audit Scotland group and wanting to provide you with a complete response.
I intend to send this report to you as soon as we have published it and
anticipate that this will be later on this week. I will at that stage
provide a full response to your enquiry.

Kind Regards

Kirsty

Kirsty Baker

Scottish Resilience

0131 244 2163

[email address]

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Scottish Government,

I regret I have yet to receive a reply to my freedom of information request.

I would request an explanation for this.

Yours faithfully,

Mr Wyllie

Scottish Government

15 Attachments

Mr Wyllie

I have attempted on several occasions to send you my response, however
it has each time been returned from your email address. I attach here
my latest attempt in the hope that it reaches you this time.

Kind Regards

Kirsty

Kirsty Baker
Scottish Resilience

0131 244 2163
[email address]

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Dear Ms Baker,

Thank you for your response - I apologise that you have had difficulty in getting through, but I hope you recognise the reason I use WDTK is in part to allow you to use the "Information otherwise available" exemption should any future requests be submitted.

I am, however, disappointed with your response, and should request a review of your response in respect of all the documents you have withheld except the Cabinet Sub-Committee minutes.

This is because I do not consider the test of substantial prejudice has been met (indeed, no narration is given of why you think it applies to absolutely everything in the minutes), nor do I think it is in the public interest to withhold the documents, particularly given the public nature of the Audit Scotland report and the inherently public nature of improving one's services in response to such a report.

I also note that groups of RABS (on exercising) are published - these too appear to be held on a Chatham House basis, and the Government appears perfectly content for them to be open.

These are particular points, but I would draw the attention of the reviewer to the fact I cannot marshall arguments against the decison because the reasons have not been adequately enunciated, in accordance with SIC decisions. This should be borne in mind.

I should be grateful if you would pass this request on to the relevant officer.

Kind regards,

Robert Wyllie

Yours faithfully,

Mr Wyllie

Dear Ms Baker,

Thank you for your response - I apologise that you have had difficulty in getting through, but I hope you recognise the reason I use WDTK is in part to allow you to use the "Information otherwise available" exemption should any future requests be submitted.

I am, however, disappointed with your response, and should request a review of your response in respect of all the documents you have withheld except the Cabinet Sub-Committee minutes.

This is because I do not consider the test of substantial prejudice has been met (indeed, no narration is given of why you think it applies to absolutely everything in the minutes), nor do I think it is in the public interest to withhold the documents, particularly given the public nature of the Audit Scotland report and the inherently public nature of improving one's services in response to such a report.

I also note that groups of RABS (on exercising) are published - these too appear to be held on a Chatham House basis, and the Government appears perfectly content for them to be open.

These are particular points, but I would draw the attention of the reviewer to the fact I cannot marshall arguments against the decison because the reasons have not been adequately enunciated, in accordance with SIC decisions. This should be borne in mind.

I should be grateful if you would pass this request on to the relevant officer.

Yours faithfully,

Mr Wyllie

Scottish Government

Dear Mr Wylie,

Thank you for your request for a review of our response to your recent
request under the Freedom of Information (Scotland) Act. In accordance
with FoI review procedures, you should submit your request for a review
of this decision to the office of the Director-General Justice and
Communities, either via the e-mail above or in writing at:

Director General Justice and Communities
The Scottish Government
St Andrew's House
Regent Road
EDINBURGH EH1 3DG

If after review you remain unhappy with our response, you have the right
to appeal to the Scottish Information Commissioner. You should keep
copies of all the correspondence you have had with us, as if you decide
to appeal to the Scottish Information Commissioner you will be asked to
provide these.

Yours sincerely

SCOTT MILLER
Interim Head of Resilience Evidence and Analysis
Scottish Resilience

* Tel: 0131-244 8151 (int. 48151)
* [mobile number]

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Dear Mr Miller,

Thank you for your email.

I would appreciate it if you would forward my request for an internal review to the appropriate officer. This is because the WDTK system cannot submit a request to a specific email address.

If you consider this an unreasonable request, I would be anxious to hear your reasons as soon as possible.

Many thanks.

Yours faithfully,

Mr Wyllie

Scottish Government

Dear Mr Wylie,

Thank you for your e-mail. I will forward your request to the office of
the Director General for Justice & Communities, which is the appropriate
contact for reviewing this case.

FoI guidance does however state that in order for a review request to be
valid, the applicant should request this directly from the relevant
review contact. Colleagues may therefore contact you for further
information or to seek separate confirmation of your review request.

As per my previous e-mail below, your review request can also be
submitted in writing to the address provided.

Yours sincerely


SCOTT MILLER
Interim Head of Resilience Evidence and Analysis
Scottish Resilience

* Tel: 0131-244 8151 (int. 48151)
* [mobile number]

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Scottish Government

Dear Mr Wyllie

Thank you for your request of 23 October 2010 for a review of our response
to your request under the Freedom of Information (Scotland) Act 2002
(FOISA). In particular you have asked that we review all of the documents
that were withheld (with the exception of the Cabinet Sub-Committee
minutes) on the basis that you consider the test of substantial prejudice
has not been met.

I have been asked by the Director General of Justice and Communities,
Stella Manzie, to carry out the review because I was not involved in
handling your original request. I will be looking at the case afresh to
establish whether the original response should be confirmed, with or
without modifications as appropriate, or a fresh decision should be
substituted.

We received your review request on 23 October 2010 so I will respond in
accordance with FOISA by 22 November 2010.

If you have any queries, please contact me quoting case number
FoI/10/01003.

Susan Ferguson

Susan Ferguson

Head of Police Powers & Public Protection Unit

Scottish Government

Safer Communities Directorate

Police Division

St Andrew's House (1WR) | Regent Road | Edinburgh | EH1 3DG
T: +44 (0) 131 244 3236 | F: +44 (0) 131 244 2666
www.scotland.gov.uk

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Scottish Government

3 Attachments

Dear Mr Wyllie

Please find attached a response from Susan Ferguson to your recent FOI
review request (ref: FOI/10/01003).

<<FoI-10-01003 - FOI Review Request, Mr Wyllie - response - 23 November
2010.doc>> <<RABS AS meeting summary note.doc>> <<RABS (Audit Scotland) -
Meeting 1 - Summary note.doc>>

Margaret Hamilton

Safer Communities Directorate

0131 244 3290

[email address]

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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