Office of the Secretary of State for Scotland

The complainant has requested information on specific files held by the public authority relating to the UK constitution, including the arrangements for referendums about devolution in 1997 in Scotland and Wales. The Commissioner’s decision is that the OSSS has appropriately applied the exemptions at FOIA section 35 – Formulation of government policy etc., section 28 – Relations within the United Kingdom and section 40(2) – Personal information. However, in regard to documentation engaging the section 35 exemption she finds that the public interest favours disclosure. She finds the public interest favours withholding the material engaging section 28. In respect of the exclusion at section 35(3) in relation to section 35(1)(c) – the provision of advice by any of the Law Officers, the Commissioner is not satisfied by the OSSS’s consideration of the public interest test. She finds that the balance of the public interest requires the OSSS to either confirm or deny holding information relating to law officers’ advice. The Commissioner requires the OSSS to disclose the material withheld under section 35(1)(a) & (b) in files SOE22/3, SOE22/35/3, SOE22/38/3 and the five documents from file SOE22/34/00413-00417. She also requires it to issue a further response to confirm or deny holding information relating to law officers’ advice. Information Tribunal appeal EA/2020/0275 withdrawn.