Ministers will want to be aware of the attached letter to First MinistMcMahon.

From:Sent:To:

Cc:

Subject:

II

Gilmour J (Jim)

~14 June 201115:47Cabinet Secretary for Parliamentary Business and Govt Strategy; Mochrie Z (Zoe); bi et Secretary ForFinance, Employment and Sustainable Growth . IMinister for Parliamentary Business and Chief Whi .t Governance &Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca e e PH (Paul);Cairns A (Anne); Undsay R (ROSS);Pringle K (Kevin); Nicolson S (Stuart) Special As ; Mochrie Z (Zoo);Davidson IS (Ian) (PSDD); Owenson G (Graham)RE: FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDA

Jim GilmourLocal Government - Local TaxationScottish Government, 3-} (North),Victoria Quay,EdinburghEH66QQ

Tel: 0131244 7159

520111006063.PDF(65 KB)

From:Sent:To:

Cc:

SUbject:

Zoe

Glass G (Gill) On Behalf Of Cabinet Secretary for Parliamentary Business and Go14 June 201115:31Mochrie Z (Zoe); Cabinet Secretary for Parliamentary Business and Govt Strategy;Finance, Employment and Sustainable GrowthMinister for Parliamentary Business and Chief WhiCommunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); CaCairns A (Anne); Gilmour J (Jim); Undsay R (Ross); Pringle K (Kevin); Nicolson S (SRE:FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDA

I

I

s~ategy

bj~et Secretary For

~ Governance &elite PH (Paul);a~ser

Subject to the views of Mr Swinney Mr Crawford has indicated he is o*tent with therecommendation that Scottish Ministers should proceed no further with the a !>fal.

The Cabinet Secretary has asked Special Advisers to consider for handling Ulrposes. I willforward on the original submission to Kevin and Stuart.

Gill

PS/Cabinet Secretary for Parliamentary Business and Government Strategy0131 348559307795222335

Please see the Ministerial Preferences which may be of assistance to you.All e-mails and attachments sent by a Ministerial Private Office to anotherbehalf of a Minister relating to a decision, request or comment made by a

lcial oni ister, or a

erial meeting, must be filed appropriately by the primary recipient. Privateeep official records of such e-mails or attachment so

From: Mochri (Zoe)sent: 13Juli'l 2 1115:18To: Cabinet c tary for Parliamentary Business and Govt Strategy; Cabinet Secretary For Finance,Employment a d Sustainable GrowthCc: Minister ~ r arliamentary Business and Chief Whip; ; DGGovernance &J mmunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline);Cackette PH (Pa I); Cairns A (Anne); Gilmour J (Jim); Lindsay R (Ross)Subect: FOI EAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE.

File: FO! 1 00512 - Simon Johnson - Update to Cab Sees2011.doc Gill,

Zoe

Zoe Mochri~Freedom of Intor ation UnitRoom GH-98Victoria QuayEdinburghEH66QQ

T: 0131 2444 0

- 9 June

From: Cackette PH (Paul)Sent: 23 March 2011 17:02To:Cc: Minister for Parliamentary Business; Cabinet Secretary for Finance and Sustain Ie Growth; FirstMinister; Permanent Secretary; DG Governance &" communitieS;

~

'e C(Caroline); Bruce S (Stephen); Troup C (Colin); Sinclair MA (Murray); Mochrie Z (Z ); Lavelle B(Brian); Ferguson SE (Shirley); Trotter N (Neil); Berry MA (Michael)(Communlcation ); Lindsay R(Ross); Gethins S (Stephen); Owenson G (Graham); Davidson IS (Ian) (PSDD); Da d n S (Sarah);Jays T (Tim); Wilson F (Fiona) (Communications); Communications Wealthier & Fai rSubject: RE: URGENT; SIMON JOHNSTON FOI CASE I

Johnston FoIAppeal as lodged..

David,

Further to Murray's e-mail below and the later confirmation of agree t to lodge anAppeal on behalf of the Scottish Ministers, I can confirm that this hs now beendone.

The Appeal as lodged is enclosed.

This Appeal is being intimated to the Commissioner and Mr Johns n, as personshaving an interest in the Appeal.

Paul

From: Sinclair MA (Murray)Sent: 23 March 2011 10:08To:Cc: Minister for Parliamentary Business; Cabinet Secretary for Finance and Sustaina I Growth; FirstMinister; Permanent Secretary; DG Governance & Communities; nson GA(Geoff); Cackette PH (Paul); Beattie C (Caroline); Bruce S (Stephen); Troup C (ColiSubject: URGENT; SIMON JOHNSTON For CASE

cc : As above.

Purpose

Timing

Discussion

ent Legal Directorate

File: FOI L T.docx

From: Lindsay R (Ross)Sent: 23 March 2011 13: 17To: Communications Wealthier & Fairer; Trotter N (Neil)Cc: Communications Safer & Stronger; Davidson IS (Ian) (PSDD); Owenson G (Gra a ); Mochrie Z(Zee); Bruce S (Stephen); Sinclair MA (Murray); Cackette PH (Paul); Beattie C (Car Un )Subject: FOI - Simon Johnson case - appeal against commissioner's decision

Neil

Cc: Comms Safer & Stronger for info

I spoke to Stewart earlier to indicate Ministers will lodge an app 1before 4pmtoday against the Commissioner's decision in this case.

This may attract some interest after this point and I attach some rfactive lines(drafted with FOI colleagues) for you to consider. Grateful fo

fmments or

redrafts before clearance is sought from SpAds and Ministers (bo Swinneyand Mr Crawford given his portfolio interest) ..

fol - simon johnson- commissi ..

Happy to discuss

Ross LindsayLocal Government Division: Council Tax Reform0131 2447003

From:Sent:To:Cc:SUbject:Importance:

Mark

ruce S (Stephen)o February 201116:25"chards M (Mark)alker G (Greig) (Legal); Mochrie Z (Zoe); MacDonald E (Elspeth)

IC Decision 025/2011 - Simon Johnsonigh

Decision I025-2011.dOC1Summary 0 D cisionDespite our. r, uments to the contrary, the Commissioner found that a submission of 16

January 200~ t Mr Swinney (identified in the Decision as document 815) is within the scopeof the requeslt, xcept for paragraphs 8 and 9 (and the associated headings) and the secondbullet point iry ragraph 10. He agreed that the section 29(1 )(a) exemption (formulation ordevelopment I 0 government policy) applied to the report prepared by the OCEA containingthe local inca e tax revenue projections (referred to in the Decision as the OCEA report)and to docu~e t 815. Copies of both documents are attached.

'1:1LIT- Revised I - submission of

~evenue Paper Jam. 16 January .

Thanks

Stephen

FOI UnitExt 45537

From: GlassG ( ill) On Behalf Of Minister for Parliamentary BusinessSent: 09 Marc 011 08:22To: Bruce 55 e hen); Cabinet Secretary for Financeand Sustainable GrowthCc: Permanent Secretary; DGGovernance& Communities; Davidson S (Sarah);OwensonG (G a am); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R (Ross); GillespieG(Gary); Beattie C Caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zoe);Communicatio s irst Minister; CommunicationsCorporate; Cooper S (Stewart); Gethins S (Stephen);Pringle K (Kevi ); McAllister C (Colin); McLeishW (Will); NicolsonS (Stuart) SpecialAdviserSubject: RE: ttish Information CommissionerDecision025/2011 - Simon Johnson - local incometaxImportance:

Stephen

ThanksGill

PS/Minister r arliamentary Business[

0131 348 559

f07795222335Please see th inisterial Preferences which may be of assistance to you.All e-mails a~d ttachments sent by a Ministerial Private Office to another official onbehalf of a Min ter relating to a decision, request or comment made by a Minister, or a

[

note of a Min~ rial meeting, must befiled appropriately by the primary recipient. PrivateOff/t:es do "1 ep offlCW records of SlIChe-lIUliis or attachmellls.From: Glas G (Gill) On Behalf Of Minister for Parliamentary BusinessSent: 08 March 2011 10:29To: Bruce S (S ephen); Cabinet Secretary for Finance and Sustainable Growth; Minister forParliamenta BusinessCc: Permanent Secretary; DG Governance & Communities; Davidson S (Sarah);Owenson G (G a m); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R (Ross); GillespieG(Gary); Beattie (Caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zoe);Communications irst Minister; Communications Corporate; Cooper S (Stewart); Gethins S (Stephen);Pringle K (Ke in; McAllister C (Colin); McLeish W (Will); Nicolson S (Stuart) Special AdviserSubject: RE: c ttish Information Commissioner Decision 025/2011 - Simon Johnson - local incometax

Stephen

Thank you to .s - Mr Crawford has agreed a meeting should be set up and Scott will be intouch to mak t e necessary arrangements

Gill

PS/Minister r arliamentary Business0131 34855907795222335

Please see the Ministerial Preferences which may be of assistance. to you.All e-mails and attachments sent by a Ministerial Private Office to another' 0 ,cialonbehalf of a Minister relating to a decision, request or comment made by a i ister, or anote of a Ministerial meeting, must beflied appropriately by the primary ,., . i(mL PrivateOffices do not keep official records of such e-mails or attachments.

From: Bruce S (Stephen)Sent: 04 March 201115:27To: cabinet Secretary for Finance and Sustainable Growth; Minister for ParliamentaCc: Permanent Secretary; DG Governance & Communities; DavidsoOwenson G (Graham); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R(Gary); Beattie C (caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie'Communications First Minister; Communications Corporate; Cooper S (Stewart); GePringle K (KeVin); McAllister C (Colin); McLeish W (Will); Nicolson S (Stuart) SpecialSubject: Scottish Information Commissioner Decision 025/2011 - Simon Johnson -Importance: High

Cabinet Secretary for Finance and Sustainable GrowthMinister for Parliamentary Business

usiness(Sarah);

Ss); Gillespie GZoe);

i s S (Stephen);viserI income tax

Stephen Bruce

FOI UnitExt 45537

File: Decision 025 2011 - FOI 09 00512 - Simon Johnson - fm submission to- - -Ministers.doc Message: Scottish Information Commissioner Dee si n 025/2011 -Simon Johnson - local income tax

From:Sent:To:Cc:

Subject:Importance:

Gill, Laura

Thanks

Stephen

FOI UnitExt 45537

Freedom of,formation Simon

uce S (Stephen)1 March 201115:25

inister for Parliamentary Business; Cabinet Secretary for Finance and Sustainable GrowthPermanent Secretary; DG Goverrtance & Communities; Davidson S (Sarah); Owenson G

( raham); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Undsay R (Ross); Gillespie G (Gary); Beattie C( roline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zee); Communications First Minister;

mmunications Corporate; Cooper S (Stewart); Gethins S (Stephen); Pringle K (Kevin); McAllister C( lin); McLeish W (Will); Nicolson S (Stuart) Special Adviser

: Scottish Information Commissioner Decision 025/2011 - Simon Johnson - local income taxgh

From: Bruce S ( ephen)Sent: 10 Marc 011 09:35To: Minister fo rliamentary Business; Cabinet Secretary for Finance and Sustainable GrowthCc: Permanent Secretary; DG Governance & Communities; Davidson S (Sarah);Owenson G (G

.~

a .m);Dav

.

idson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R (Ross); Gillespie G(Gary); Beattie C Caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zoe);Communicatio s irst Minister; Communications Corporate; Cooper S (Stewart); Gethins S (Stephen);Pringle K (Kevi ); McAllister C (Colin); McLeish W (Will); Nicolson S (Stuart) Special AdviserSubject: RE: ~ ish Information Commissioner Decision 025/2011 - Simon Johnson - local incometax IImportance: Hi h

Gill

Stephen

FOIUnitExt 45537

From: Bruce S (Stephen)Sent: 09 March 201112:20To: Minister for Parliamentary Business; Cabinet Secretary for Finance and Sustaina I GrowthCc: Permanent Secretary; DG Governance & Communities; Davidso S (sarah);Owenson G (Graham); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R ( 0 s); Gillespie G(Gary); Beattie C (Caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Zoo);Communications First Minister; Communications Corporate; Cooper S (Stewart); Ge i s S (Stephen);Pringle K (Kevin); McAllister C (Colin); McLeish W (Will); Nicolson S (Stuart) Special d iserSubject: RE: Scottish Information Commissioner Decision 025/2011 - Simon Johns n local incometaxImportance: High

Gill

Further to my previous e-mail,

Stephen

Fa I UnitExt 45537

Message: FW: Scottish Information Commissioner Decision 025/2011 -local income tax

on Johnson -

From: Bruce S (Stephen)Sent: 09 March 2011 09:31To: Minister for Parliamentary Business; Cabinet Secretary for Finance and Sustaina I GrowthCc: Permanent Secretary; DG Governance &. Communities; Davidso S (Sarah);

Owenson G (Glra am); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R (Ross); Gillespie G(Gary); Beatti (Caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zoe);Communicatio s First Minister; Communications Corporate; Cooper S (Stewart); Gethins S (Stephen);Pringle K (Kev n) McAllister C (Colin); McLeish W (Will); Nicolson S (Stuart) Special AdviserSubject: RE: ttish Information Commissioner Decision 025/2011 - Simon Johnson - local incometaxImportance: Hi h

Gill

Stephen

FOI UnitExt 45537

Messag~: : SIC Decision 025/2011 - Simon Johnson

Glass G (Gill) On Behalf Of Minister for Parliamentary Business10 March 2011 18:04Beattie C (Caroline); Bruce S (Stephen); Minister for Parliamentary Business; Cabineand Sustainable Growth Permanent Secretary; DG Governance & Communities; Davidson S ( ar h); Owenson G(Graham); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Undsay R (Ross); Gilles ie k; (Gary); Beattie C(Caroline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zee); Commun dons First Minister;Comm unications Corporate; Cooper S (Stewart); Gethlns S (Stephen); Pringle K (Ke in)

tMcAlllster C

(Colin); McLeish W (Will); Nicolson S (Stuart) Special AdviserSubject: RE: Scottish Information Commissioner Decision 025/2011 - Simon Johnson - local i e tax

Stephen/Caroline .

From:Sent:To:

Cc:

etary for Finance

Thank you for this. Subject to the views ofMr Swinney, Mr Crawford is c n ent to proceedas suggested.

Gill

PS/Minister for Parliamentary Business0131 348559307795222335

Please see the Ministerial Preferences which may be of assistance to you.All e-mails and attachments sent by a Ministerial Private Office to anotherbehalf of a Minister relating to a decision, request or comment made by a i ister, or anote of a Ministerial meeting, must be flIed appropriately by the primary re i ient. PrivateOffices do not keep official records of such e-mails or attachments.

From:Sent:To:

Cc:

Subject:

ylan P (Paul) On Behalf Of Cabinet Secretary for Finance and Sustainable Growtho March 201118:17inister for Parliamentary Business; Beattie C (Caroline); Bruce S (Stephen); Cabinet Secretary for Financend Sustainable Growth

Permanent Secretary; DG Governance &. Communities; Davidson S (Sarah); Owenson Graham); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Undsay R (Ross); Gillespie G (Gary); Beattie Croline); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zee); Communications First Minister;

ommunications Corporate; Cooper S (Stewart); Gethins S (Stephen); Pringle K (Kevin); McAllister Colin); McLeish W (Will); Nicolson S (Stuart) Special Adviser: Scottish Information Commissioner Decision 025/2011 - Simon Johnson - local income tax

Caroline,

Mr Swinne~ s content to proceed

Regards

Paul

I

Paul Boylan1DPS/Cabinet ~e retary for Fin~nce & Sustainable GrowthScottish Govern entTel: 0131244 2 2Mob: 077174 2 42E-mail:

Please consi the environment before printing this e-mailAll e-mails an ttaclunents sent by a Ministerial Private Office to another official on behalf of aMinister relati g to a decision, request or comment made by a Minister, or a note of a Ministerialmeeting, must filed appropriately by the recipient. Private Offices do not keep official records ofsuch e-mails or ttachments.

Mr Swinney la a Ministerial Box Monday to Thursday which close" at 16:00. MrSwinney d:Js ot take a box on a Friday.

From: BeattieC (Caroline)Sent: 11 March201110:37To: BruceS (Stephen)SUbject: RE:Scottish InformationCommissionerDecision025/2011 - SimonJohnson - local i co e tax

!hanks Stephen, nothing else needed and I am just about to send it. tnl copy youffi. I

RE:Scottishnformatlon Commi..

Caroline BeattieDeputy DirectorCommercial and Business Services DivisionScottish Government Legal DirectorateRoom G-C 76 Victoria Quay Edinburgh

telephone 0131 244 0535blackberry 0782 4625057

Want to know more about SGLD?

-Information for Scottish Government staff: http:/ / intranet/LegalDirectorate

-Information for everyone. SGLD and the Government Legal Servic for Scotland:http:// www.scotland.gov.uk/About/Directorates/Services-Groups/LPS/ ~lss

From: Bruce S (Stephen)Sent: 11 March 2011 10: 16To: Beattie C (Caroline)Subject: RE: Scottish Information Commissioner Decision 025/2011 - Simon JohnS n local incometax

Thanks, Caroline.Do you need anything more from the FOI

submission?

Stephen

From: Beattie C (Caroline)Sent: 10 March 201116:45To: Bruce S (Stephen)Subject: FW: Scottish Information Commissioner Decision 025/2011 - Simon JohnS n - local incometax

Stephen,

http://www.scotland.gov.uk/About/Directorates/Services-Groups/LPS/

From: Nicolso (Stuart) Special Advisersent: 10 Mardh 011 15:43To: Bruce S (~. hen); Minister for Parliamentary Business; Cabinet Secretary for Finance andSustainable 611Cc: Permanent Secretary; DG Governance & Communities; Davidson S (Sarah);Owenson G (G a am); Davidson IS (Ian) (PSDD); Moore JC (Jonathan); Lindsay R (Ross); Gillespie G(Gary); Beatti C tCarollne); Richards M (Mark); Watson DB (Dave) (ISIS); Mochrie Z (Zce);Communications irst Minister; Communications Corporate; COoper S (Stewart); Gethins S (Stephen);

I

Pringle K (Kevir) McAllister C (Colin); McLeish W (Will) .Subject: RE: $c ttish Information Commissioner Decision 025/2011 - Simon Johnson - local incometax

Stephen,

n to Mr Crawford about this.

Thanks

Stuart

From: Owenson G (Graham)Sent: 16 March 201114:07To: First Minister; Cabinet Secretary for Finance and Sustainable Growth; Minister ~ r arliamenmryBusinessCc: Permanent Secretary; DG Governance & Communities; Davidson S (Sarah); Da id n IS (Ian)(PSDD); Beattie C (Caroline); Bruce S (Stephen); Cackette PH (Paul); Sinclair MA ( ur ay); Lindsay R(Ross); Communications Wealthier & Fairer; Pringle K (Kevin); Gethins S (Stephen)Subject: RE: FOI Request Simon Johnson

PPS/FMPS/Cabinet Secretary for Finance and Sustainable GrowthPS/Minister for Parliamentary Business

Penn Sec has asked that I share the attached note providing some backgro d and advice onthe legal issues surrounding the FOI case from Simon Johnson on Local Incwill wish to note that I understand that Penn Sec provided an update in hismeeting with FM.

Graham

Graham OwensonHead of Local Government FinanceScottish Government0131 2447002graham.owenson@scotland.gsLgov.ukVisit the LGF website at: httr;>://www.scotland.gov.ukffopics/GovernmentlIoca1-government/17999/11175

From: Owenson G (Graham)Sent: 15 March 2011 16:40To: Permanent SecretaryCc: DG Governance & Communities; Davidson S (Sarah); Davidson IS (Ian) (PSDD) attie C(Caroline); Cackette PH (paul); Sinclair MA (Murray); Lindsay R (Ross); Gilmour J (JiSubject: RE: FOI Request Simon JohnsonImportance: High

Katie

Following our meeting with Perm Sec earlier today, I attach a short sbackground and the latest legal issues surrounding this FOI case.

Background

note on the

The commitment to replace the council tax with a new local i me tax (LIT)

based on the ability to pay was a SNP manifest pledge in the 2007 Seo . h elections.

mailto:graham.owenson@scotland.gsLgov.ukhttp://httr;>://www.scotland.gov.ukffopics/GovernmentlIoca1

I

The 5qo . h Government's consultation on the future of local taxation,including lop income tax, ended in July 2008.

The Sfo ttish Government provided revenue projections in March 2008 andthese were IIn de available publicly in SPICe (Bib number 45130). These projectionsconfirmed tt there was a funding gap of around 280m (inclusive of CTB income)between wllt would be raised under council tax and LIT.

I

HOWE1v r, later analysis provided by OCEA in January 2009 following the UKPBR in Nov~ ber 2008 (and the subject of the FOI request from Simon Johnson andnot yet disdo ed) suggests the gap could be 380m which reflects the volatility oflocal incom~ ax forecasts in an economic recession and the sensitivity of fiscalchanges by th UK Government.

also takingintroductiowhich wasrejecting thcouncil taxelections.

Legal Issues

in February 2009, in the absence of Parliamentary support (and. to account the latest forecast of the costs involved), to postpone

f LIT until after the 2011 Scottish elections. This change in approach,ounced in February 2009, followed two motions in Parliament

olicy. The Government also made clear that the abolition of theould be a major plank of their policy commitments for the 2011

Graham

Graham OWensonHead of Local Government FinanceScottish Government0131 24 47002graham.owenson@scotland.gsLgov.ukVisit the LGFwebsite at: http://www.scotland.gov.uk/Topics/Government/local-government/17999/11175

mailto:graham.owenson@scotland.gsLgov.ukhttp://www.scotland.gov.uk/Topics/Government/local

I

From: Hart K I(I

Sent: 17 Mar~hTo: Owenson GCc: permanenr(PSDD); BeattIe(Ross); COmm~Sustainable G~~Subject: RE: I

Graham lThanks. Mr

Katherine

therine) On Behalf Of Cabinet Secretary for Finance and Sustainable Growth01112:27Graham)retary; DG Governance & COmmunities; Davidson S (Sarah); Davidson IS (Ian)(Caroline); Bruce S (Stephen); Cackette PH (Paul); Sinclair MA (Murray); Undsay R

cations Wealthier & Fairer; First Minister; Cabinet Secretary for Finance andh; Minister for Parliamentary Business; Pringle K (Kevin); Gethins S (Stephen)

I Request Simon Johnson

"nney has seen and noted.

KATHERINE Ifi RTAPS/Cabinet IS cretary for Finance and Sustainable Growth

All e~mai1s8n

~

1 achments sent by a Ministerial Private Office to another official on behalf of aMinister relati g 0 a decision, request or comment made by IiJ Minister, or a t/()te of a Ministerialmeeting, mus'l b filed appropriately by the recipient. Private Offices do not keep official records ofsuch e-mails qr ttachments.

I

re t

Fro.m:sent:To:Cc:

Subject:

Murray

McLear S (Scott) On Behalf Of Minister for Parliamentary Business23 March 2011 13:24Sinclair MA (Murray)Minister for Parliamentary Business; Cabinet Secretary for Finance and Sustainable 1: Permanent Secretary; DG Governance &. Communities" OwensonPH (Pi!ul); Beattie C (Caroline); Bruce S (Stephen);RE: URGENT; SIMON JOHNSTON FOI CASE

; First Minister;ff); Cackette

I can confirm that Mr Crawford is content to appeal.

Thanks

Scott McLearDiary and Correspondence SecretaryMinister for Parliamentary BusinessT4.21 Scottish Parliament

TeI01Jl-348-5568Fax 0131-348-5564

Please see the Ministers Preferences which may be of assistance to you.

All e-mails and atta.chments sent by a Ministerial Private Offi e to anotherofficial on behalf of.a Minister relating to a decision, request or c ment madeby a Minister, or a note of a Ministerial meeting, must be filed a opriately bythe recipient. Private Offices do not keep official records of sc e-mails orattachments.

From: Bruce (tephen)Sent: 05 April 2 1115:52To: Berry MA M hael)(Communications); Cabinet Secretary for Finance and Sustainable Growth;Minister for Pa Ii mentary Business; Permanent Secretary; DG Governance & Communities; Beattie C(Caroline); Chi f conomic Adviser; Gillespie G (Gary); Davidson S (Sarah); Davidson IS (Ian)(PSDD); Owen 0 G (Graham); Lindsay R (Ross); Mochrie Z (Zoe); Sinclair MA (Murray); Cackette PH(Paul); Lavelle B Brian); Baird A (Andrew); Wilson F (Fiona) (Communications); Hamilton D (David)(Corporate Co unications); Trotter N (Neil); Jays T (Tim); Cooper S (Stewart); Nicolson S (Stuart)Special Advise; ethins S (Stephen); McLeish W (Will); Communications First Minister; CorporateCommunicatio,s Bergin C (Christopher); Communications Safer & StrongerSubject: RE: - appeal against Commissioner's decision 025{2011Importance: Hi h

Michael

I agree that e should stick to the previously agreed line, with the addition of a sentence onthe lines you Is ggest. I would suggest rewording it slightly - "Every request for informationmust be consld red on its own merits.".Stephen

FOI UnitExt 45537

From: Berry A Michael)(Communications)Sent: 05 April 2 1114:07To: Cabinet 5 cr tary for Finance and Sustainable Growth; Minister for Parliamentary Business;Permanent r ry; DG Governance & Communities; Beattie C (Caroline); Chief Economic Adviser;Gillespie G (G ry ; Davidson S (Sarah); Davidson IS (Ian) (PSDD); Owenson G (Graham); Lindsay R(Ross); Mochrib (Zoe); Bruce S (Stephen); Sinclair MA (Murray); Cackette PH (Paul); Lavelle B(Brian); Baird t ndrew); Wilson F (Fiona) (Communications); Hamilton D (David) (CorporateCommunicatiors ; Trotter N (Neil); Jays T (Tim); Cooper S (Stewart); Nicolson S (Stuart) SpecialAdviser; GethiTs (Stephen); McLeish W (Will); Communications First Minister; CorporateCommunicatiors Bergin C (Christopher); Communications Safer & StrongerSubject: FOI r peal against Commissioner's decision 025{2011Another query om the Herald, today Tom Gordon is asking about these cases:

.nisters v The Scottish Information Commissioner (William Alexander'sd The Scottish Ministers v The Scottish Information Commissioner (David

Elstone and Martin Willams's Applications) See:htt :/lwww.s o courts. ov.uklo . onsl2007CSIH08.html

[

Tom says: "l1h issue of confidential advice to ministers and whether such information can beexempt as a !I s of information (ie the 'point of principle' referred to last week by the FirstMinister) ha ready been tested in the Court of Session. Three judges, including the LordPresident, fo for the Commissioner. So why, in light of this previous opinion, areministers re . g to CQurtto go over old ground? Surely this only adds to the impressionthat the curre t appeal is being brought to suppress politically inconvenient material on localincome tax?"

In terms of a response, I think it is still advisable to stick to the line we havconsider adding a sentence as below:

A Scottish Government spokesman said: "Ministers have appealed the C mmissioner'sDecision to the Court of Session as they consider that the decision is not i line with theprovisions of Freedom of Information (Scotland) Act 2002. Every request D r informationmust be individually considered. Pending the Court's consideration of the a p al it would beinappropriate to comment further."

I would welcome any comments on this,

ThanksMichael42967

From: McDou a I G (Gavin) On Behalf Of Minister for Parliamentary BusinessSent: 05 Aprill2 1116:14To: Berry MA (M chael)(Communications); Cabinet Secretary for Finance and Sustainable GrowthCc: Bruce S ( te hen); Minister for Parliamentary Business; Permanent Secretary; DG Governance &Communities; ttie C (Caroline); Chief Economic. Adviser; Gillespie G (Gary); Davidson S (Sarah);Davidson IS (I n (PSDD); Owenson G (Graham); Lindsay R (Ross); Mochrie Z (Zee); Sinclair MA(Murray); Cac e e PH (Paul); Lavelle B (Brian); Baird A (Andrew); Wilson F (Fiona)(Communicati. n ); Hamilton D (David) (Corporate Communications); Trotter N (Neil); Jays T (Tim);Cooper S (Stewa ); Nicolson S (Stuart) Special Adviser; Gethins S (Stephen); Mcleish W (Will);Communicatiohs First Minister; Corporate Communications; Bergin C (Christopher); CommunicationsSafer & StronrrSubject: RE: . - appeal _inst Commissioner'sdeciSion025/2011Importance: H hMichael I

content for his interests.

Gavin McDo IAPS/Ministet r Parliamentary BusinessRoom T4.21 IScottish 85592

Parliament

Please see: t e Ministerial Preferences which may be of assistance to you.All e-mails ah attachments sent by a Ministerial Private Office to another official on behalfof a Ministerl r lating to a decision, request or comment made by a Minister, or a note of aMinisterial n1e ting, must be filed appropriately by the primary recipient. Private Offices donot keep offidia records of such e-mails or attachments.

From: Berry MA (Michael)(Communications)Sent: 05 April! 2 1115:57To: Cabinet S c tary for Finance and Sustainable GrowthCc: Bruce S ( e hen); Minister for Parliamentary Business; Permanent Secretary; DG Governance &Communities; ttie C (Caroline); Chief Economic Adviser; Gillespie G (Gary); Davidson S (Sarah);Davidson IS (I n (PSDD); Owenson G (Graham); Lindsay R (Ross); Mochrie Z (Zee); Sinclair MA(Murray); Cac e e PH (Paul); Lavelle B (Brian); Baird A (Andrew); Wilson F (Fiona)(Communicaiti n ); Hamilton D (David) (Corporate Communications); Trotter N (Neil); Jays T (Tim);Cooper S (S a); Nicolson S (Stuart) Special Adviser; Gethins S (Stephen); McLeish W (Will);Communicatio s irst Minister; Corporate Communications; Bergin C (Christopher); CommunicationsSafer & Stron rSubject: RE: - appeal against Commissioner's decision 025/2011

Paul

As discussed c Mr Swinney please comment on/clear this line for Tom Gordon at theHerald.

A Scottish G v rnment spokesman said: "Ministers have appealed the Commissioner'sDecision to 1e ourt of Session as they consider that the decision is not in line with theprovisions ofF eedom of Information (Scotland) Act 2002. Every request for information

must be.considered on its own merits. Pending the Court's consideration 0 e appeal itwould be inappropriate to comment further."

RegardsMichael42967

From: Boylan P

~

( aut) On Behalf Of Cabinet Secretary for Finance and Sustainable GrowthSent: 06 April 0 1 09:01To: Berry MA ( ic aeJ)(Communications); Cabinet Secretary for Finance and Sustainable GrowthCc: Bruce S (St

~

p en); Minister for Parliamentary Business; Permanent Secretary; DG Governance &Communities; Ba ie C (Caroline); Chief Economic Adviser; Gillespie G (Gary); Davidson S (Sarah);Davidson IS (]a ) PSDD); Owenson G (Graham); Lindsay R (Ross); Mochrie Z (Zoe); Sinclair MA(Murray); Cac~ PH (Paul); Lavelle B (Brian); Baird A (Andrew); Wilson F (Fiona)(Communicatio s) Hamilton D (David) (Corporate Communications); Trotter N (Neil); Jays T (Tim);Cooper S (Stew rt; Nicolson S (Stuart) Special Adviser; Gethins S (Stephen); McLeish W (Will);Communicatiqn F rst Minister; Corporate Communications; Bergin C (Christopher); Communicationssafer & StrongeSubject: RE: I appeal against Commissioner's decision 025/2011

Paul

Michael, I

Mr SWinneyl iI

I

also content.

Paul Boylan

jDPSIC abinet S..

. crtary for Finance & Sustainable GrowthScottish Gover m ntTel: 01312445 0Mob: 0771742 4 2E-mail: I i

Please conSid

tr he environment before printing this e-mail

All e-mails and a achments sent by a Ministerial Private Office to another official on behalf of aMinister relattn a decision, request or comment made by a Minister, Dr a note of a Ministerialmeeting, must. e medappropriately by the rec;ipient. Private Offfces do not keep official records ofsuch e-mails (!:Irl aachments.

Mr Swinney es a Ministerial Box Monday to Thursday which doses at 16:00. MrSwinney does n t take a box on a Friday.

-----Original Message-----From: Wood K (Katie)Sent: 12 April 2011 15:47To: Permanent Secretary; Corporate Communications; Baird A (Andrew); B a ie C(Caroline); Sinclair MA (Murray); Booth J (John); Freedom oflnformation; ce S(Stephen); Mochrie Z (Zoe); Gray P (Paul)Cc: Foster A (Angiolina); Cabinet Secretary for Finance and Sustainable Gr ; FirstMinister; DG Governance & CommunitiesSubject: RE: Tom Greatrex MP

Dear all

For your information - response as issued today to Tom Greatrex.

Katie

s2dA550038D2E6247836BEE39181E09DC

Katie Wood I Permanent Secretary's Office I Scottish Government 10131 24 026

-----Original Message-----From: Wood K (Katie) On Behalf Of Permanent SecretarySent 11 April 2011 11:51To: Corporate Communications; Baird A (Andrew); Beattie C (Caroline); S'(Murray); Booth J (John); Freedom of Information; Bruce S (Stephen); MocGray P (Paul)Cc: Foster A (Angiolina); Cabinet Secretary for Finance and Sustainable Gr ; FirstMinister; DG Governance & CommunitiesSubject: FW: Tom Greatrex MP

Dear all

I've attached for your information draft response that we have sent this moO'Donnell for his consideration.

Katie

to Gus

Katie Wood I Permanent Secretary's Office I Scottish Government 10131 24 026

-----Original Message-----From: Wood K (Katie) On Behalf Of Permanent SecretarySent: 11 A ri12011 11:30To:Subject: RE: Tom Greatrex MP

-ote from Peter to Gus incorporating a draft response. I also re-attach theGreatrex MP and a link to the Scottish Parliament Election Guidance 2011.

know if any other information would be helpful.

Kind regards I

KBtie lKatie Wood I , anent Secretary's Office I Scottish Government I 0131 2444026

III

Sent: 07 Apri 2 11 13:52To: permsecsto land@f1ex-c.x.gsi.gov.uk; Wood K (Katie); MacDonald S (Susan) (privateOffice)Subject: Tom I eatrex MP

I

Importance: 'i

Dear Katie/S~s ,

Please see attJ,c ed from Tom Greatrex MP. Would it be possible to have a draft response forGus by Mon1Y Do let me know if this is not possible, Gus is going away then so we areaiming to hav verything signed off by then ..

Happy to discp.s ,

I

Making government work better I Web www.cabinet-office.gov.uk I276 1154

-

mailto:land@f1ex-c.x.gsi.gov.uk;http://www.cabinet-office.gov.uk

-----Original Message-----From: Wood K (Katie) On Behalf Of Penn anent SecretarySent: 08 April 2011 14:25To: Foster A (Angiolina); Ellis T (Tim); Corporate Communications; Baird fAndrew);Beattie C (Caroline); Sinclair MA (Murray); Booth J (John); Freedom ofInfi . ation; BruceS (Stephen); Mochrie Z (Zoe)Cc: Cabinet Secretary for Finance and Sustainable Growth; First Minister; a P (Paul); DGGovernance & CommunitiesSubject: FW: Tom Greatrex MPImportance: High

Dear all

Letter from Tom Greatrex mentioned last week now been received by Cabin t ffice and isattached.

Weare due response to Cabinet Office by Monday and I have prepared attac e draft. PennSec will see over the weekend - but grateful for comments in the meantime - in particular onarea highlighted yellow re time frames.

Weare aware of the document now available through the press today - but uto draft a response on the points raised in Mr Greatrex's letter.

Katie

Katie Wood I Pennanent Secretary's Office I Scottish Government 1013124 026

PermSeeletter to docurrent2011-Q4-0Tom Greatrex DRAFT 7-140348.pdf

From:Sent:To:Cc:

Subject:

Zoe

I

I

Hewlett q ( amon) On Behalf Of First Minister04May21 16:13Mochrie (oe); First Minister; Cabinet Secretary for Finance and Sustainable Growth; Minister lor Parliamentary BusinessCabinet ec tary for Health and Wellbeing; Cabinet Secretary for Justice; Cabinet Secretary for Education and LifelongLeaming; C binet Secretary for Rural Affairs and the Environment; Minister for Children and Early Years; Minister forCommun afety; Minister for Culture and External Affairs; Minister for Enterprise, Energy and Tourism; Minister forHousing fill Communities; Minis~inister for Skills and Lifelong Leaming; Minister forEnviron~en and Climate Chang~ Permanent Secretary; DG Governance & Communities;DavidsonlSarah); Davidson IS (Ian) (PSDD); Owenson G (Graham); Lindsay R (Ross); Sinclair MA (Murray); Cackette PH(paul); Bea e C (Caroline); Cairns A (Anne); Ferguson SE (Shirley); Bathgate SKR (Shona); Lavelle B (Brian); Troup C(Colin); o' es AC (Anne); Watson DB (Dave) (ISIS); Bruce S (Stephen); Lindsay K (Karen); DL SPADS; Cameron DA(Donald) ,RE: FOI i PEAL AGAINST COMMISSIONER'S DECISION - SIMON JOHNSON - Next Steps - revised attachment

I

Thank you for our submission. The First Minister's Office is content to continue with theappeal proces$, S Mr Swinney and Mr Crawford have also confinned.

I

Regards

Damon

Damon Hewletti

Assistant Private ecretary to the First Minister of ScotlandScottish Goverlfl ent5th Floor, St And w's HouseEdinburgh IEH13DG I

I

Tel: 0131 24420 6

From: Mochrie oe)Sent: 28 April2~ 1 16:31To: First Minist~r; abinet Secretary for Finance and Sustainable Growth; Minister for Parliamentary BusinessCc: Cabinet Sectet for Health and Wellbeing; Cabinet Secretary for Justice; Cabinet Secretary for Educationand Lifelong Le g; Cabinet Secretary for Rural Affairs and the Environment; Minister for Children andEarly Years; Mi4is r for Community Safety; Minister for Culture and External Affairs; Minister for Enterprise,Energy and Toutiis ; Minister for Housing and Communities; Minister for Public Health and S. ort; Minister forSkills and Lifelo g earning; Minister for Environment and Climate ChangePermanent Seore ; DG Governance & Communities; Davidson S (Sarah); Davidson IS (Ian) (PSDD);Owenson G (Or~ ); Lindsay R (Ross); Sinclair MA (Murray); Cackette PH (paul); Beattie C (Caroline);Cairns A {Ann

.

e

,

)

~

.

.

F rguson SE (Shirley); Bathgate SKR (Shona); Lavelle B (Brian); Troup C (Colin); MoisesAC (Anne); Wa 0 DB (Dave) (ISIS); Bruce S (Stephen); Lindsay K (Karen); DL SPADSSubject: FW: F I APPEAL AGAINST COMMISSIONER'S DECISION - SIMON JOHNSON - Next Steps -revised attachm tImportance: Hi h

With sincerre a ologies, please replace the previous attachment with this one (minorchanges to a as 2 and 10)

Many thank

File: SJ Ap eat - 28 April 2011.doc

From:Sent:To:Cc:

Zoe44605

Mochrie Z (Zoe)28 April 2011 16:07First Minister; Cabinet Secretary for Finance and Sustainable Growth; Minister for Parliamentary Busin ssCabinet Secretary for Health and Wellbeing; Cabinet Secretary for Justice; Cabinet Secretary for ELearning; Cabinet Secretary for Rural Affairs and the Environment; Minister for Children and ICommunity Safety; Minister for Culture and External Affairs; Minister for Enterprise, Energy ourism; Minister forHousing and Communities; Minist~Minister for Skills and Lifelon ing; Minister forEnvironment and Climate Change; Permanent Secretary; DG Gov rn ce & Communities;Davidson S (Sarah); Davidson IS (Ian) (PSDD); Owenson G (Graham); Lindsay R (Ross); Sinclair urray); Cackette PH(paul); Beattie C (Caroline); Cairns A (Anne); Ferguson SE (Shirley); Bathgate SKR (Shona); La B (Brian); Troup C(Colin); Moises AC (Anne); Watson DB (Dave) (ISIS); Bruce S (Stephen); Lindsay K (Karen); DL SP

Subject: FOI - APPEAL AGAINST COMMISSIONER'S DECISION - SIMON JOHNSON - Next StepsImportance: High

All,

Please find attached an urgent submission detailing next steps in the SiAppeal.Grateful for a response from Ministers by 4 May.

Many thanks

Zoe

Zoe MochrieFreedom of Information UnitArea 3-D SouthVictoria QuayEdinburghEH6 6QQ

T: 01312444605

Johnson FO!

I

I

Mr Crawford h now had chance to consider your submission.he wishes to ~o tinue with the appeal process.

From:Sent:To:

Cc:

Subject:

Zoe

ass G (Gill) On Behalf Of Minister for Parliamentary Businesso May 201114:40

hrie Z (Zee); First Minister; Cabinet Secretary for Finance and Sustainable Growth; Minister forP rliamentary Business

binet Secretary for Health and Wellbeing; Cabinet Secretary for Justice; Cabinet Secretary for Educationa d Ufelong Learning; Cabinet Secretary for Rural Affairs and the Environment; Minister for Children andE rly Years; Minister for Community Safety; Minister for Culture and External Affairs; Minister forE. terprise, Energy and Tourism; Minister for Housing and Communities; Minister for Public Health andS . Minister for Skills and Ufelong Learning; Minister for Environment and Oimate Chang~

IPermanent Secretary; DG Governance & Communities; Davidson S (Sarah);

vidson IS (Ian) (PSDD); Owenson G (Graham); UndsayR (Ross); Sindair MA (Murray); Cackette PHI (aul); Beattie C (Caroline); Cairns A (Anne); Ferguson SE (Shirley); Bathgate SKR (Shona); Lavelle B: ( rian); Troup C (Colin); Moises AC (Anne); Watson DB (Dave) (ISIS); Bruce S (Stephen); Undsay KI ( aren); DL SPADSi : FOI - APPEAL AGAINST COMMISSIONER'S DECISION - SIMON JOHNSON - Next Steps - revisedI a chment

The Minister has indicated

Gill

PS/Minister to Parliamentary Business0131 348 55~0779522233~Please see th Ministerial Preferences which may be of assistance to you.All e-mails attachments sent by a Ministerial Private Office to anotherofficial on ~e aNof a Minister relating to a decision, request or comment madeby a Minist3r, or a note of a Ministerial meeting, must be filed appropriately bythe prima 11 cipient. Private Offices do not keep official records of such e-mails or aft. ments.

From:Sent:To:

Cc:

Subject:

FOI 10 00512 -Simon Johnsoll - .

Gill,

Mochrie Z (Zoe)13 June 201115:18Cabinet Secretary for Parliamentary Business and Govt Strategy; Cabinet Secretary or Finance,Employment and Sustainable GrowthMinister for Parliamentary Business and Chief Whip; G Governance &Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca e PH (Paul);Cairns A (Anne); Gilmour J (Jim); Lindsay R (Ross)FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE

Please fmd attached an u date on the Simon Johnson case as re uested.

Happy to discuss

Zoe

Zoe MochrieFreedom of Information UnitRoom GH-98Victoria QuayEdinburghEH6 6QQ

T: 0131 2444605

from:Sent:To:

Cc:

SUbject:

lass G (Gill) On Behalf Of Cabinet Secretary for Parliamentary Business and Govt StrategyJune 2011 08:21

oehrie Z (Zoe); Cabinet Secretary for Parliamentary Business and Govt Strategy; Cabinet Secretary Fornance, Employment and Sustainable Growthinister for Parliamentary Business and Chief Whip; DG Governance &mmunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Cackette PH (Paul);irns A (Anne); Gilmour J (Jim); Undsay R (Ross); Nicolson S (Stuart) Special Adviser; Bell A (Alex)ecial AdViser; Pringle K (Kevin)

E: FaI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE

Zoe II

You co~rmtd that additional costs will only start to be incurred in the month prior to thecase gomg to IC 00.

Mr crawfor4 d Ms Swinney have discussed next steps and are content with yourrecommendatlio not to pursue the appeal.

I

Grateful if thL Ian could be discussed with Special advisers , policy leadsand communk ions colleagues.

Special advis~r should also be copied into all further exchanges on this matter.

The Cabinet ~e retaries have asked for sight of the handling plan for an announcement nextweek. It woJI be helpful if this could be prepared for weekend boxes - Mr Crawford's boxwill close at ~5: 0 on Friday.

Gill

PS/Cabinet S~c etary for Parliamentary Business and Government Strategy0131 348559307795222331

Please see th~ inisterial Preferences which may be of assistance to you.All e-mails g attachments sent by a Ministerial Private Office to another official onbehalf of a i . ter relating to a decision, request or comment made by a Minister, or anote of a Mi is erial meeting, must bejiled appropriately by the primary recipient PrivateOffices do n eep offICial records of such e-mails or attachments.

From:Sent:To:

Cc:

Subject:

Zoe

Glass G (Gill) On Behalf Of Cabinet Secretary for Parliamentary Business and Go14 June 201115:31Mochrie Z (Zee); Cabinet Secretary for Parliamentary Business and Govt Strategy; bi et Secretary ForRnance, Employment and Sustainable GrowthMinister for Parliamentary Business and Chief Whip; Governance &Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca e e PH (Paul);Cairns A (Anne); Gilmour J (Jim); Undsay R (Ross); Pringle K (Kevin); Nicolson S (S a S edal AdviserRE: FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDA

Subject to the views of Mr Swinney Mr Crawford has indicated he is 0 tent with therecommendation that Scottish Ministers should proceed no further with the a

The Cabinet Secretary has asked Special Advisers to consider for handling pforward on the original submission to Kevin and Stuart.

Gill

PS/Cabinet Secretary for Parliamentary Business and Government Strategy0131 348559307795222335

I will

Please see the Ministerial Preferences which may be of assistance to you.All e-mails and attachments sent by a Ministerial Private Office to another 0 ,cialonbehalf of a Minister relating to a decision, request or comment made by a i ister, or anote of a Ministerial meeting, must befiled appropriately by the primary r i ient. PrivateOffices do not keep official records of such e-mails or attachments.

From: MochrieSent: 09 June

. To: UndsaySubject: FMQs

It starts at 20:

( oe)o 114:40( 055)

minutes in on holyrood tv

I

ZoeMochrielFreedom of Irl.f;.rmation UnitRoom GH~981Victoria Qua),'Edinburgh IEH66QQ

T: 013124416 5

I

,IVIsedattachment

1

1

I

From:Sent:To:Cc:

Subject:

Zoe,

Hart K (Katherine) 'On Behalf Of Cabinet Secretary for Finance and Sustainable Growth03 May 201113:11Mochrie Z (Zoe)Cabinet Secretary for Health and Wellbeing; Cabinet Secretary for Justice; Cabinet Secretary fo E1ucation and LifelongLearning; Cabinet Secretary for Rural Affairs and the Environment; Minister for Children and E y,Years; First Minister;Cabinet Secretary for Finance and Sustainable Growth; Minister for Parliarnentary Business; Minist r f~r Community Safety;Minister for Culture and External Affairs; Minister for Enterprise, Energy and Tourism; Minister for U&ingand Communities;~rt; Minister for Skills and Lifelong Learning; Minister for Environ enr and Climate Change;____ Permanent Secretary; DG Governance & Communities; Davidso SI(Sarah); Davidson IS(Ian) (PSDD); Owenson G (Graham); Lindsay R (Ross); Sinclair MA (Murray); Cackette PH (paul); B Ie C (Caroline); CairnsA (Anne); Ferguson SE (Shirley); Bathgate SKR (Shona); Lavelle B (Brian); Troup C (Colin); Moise AI: (Anne); Watson DB(Dave) (ISIS); Bruce S (Stephen); Lindsay K (Karen); DL SPADSRE: FOI - APPEAL AGAINST COMMISSIONER'S DECISION - SIMON JOHNSON - Next Steps -

FOI - APPEAL AGAINST COMMISSIONER'S DECISION - SIMN JOHNSON -Next Steps

Thank you for your minute. Mr Swinney has confIrmed that he wishes to p deed to with theappeal process by enrolling for a hearing.

Thank you,

Katherine0131 244 1558

From:Sent:To:.

Cc:

Mochrie Z (28 Apdl 20I

IFirst Mini~ Cabinet Secretary for Finance and Sustainable Growth; Minister for Parliamentary BusinessCabinet SfCI ary for Health and Wellbeing; Cabinet Secretary for Justice; Cabinet Secretary for Education and LifelongLeaming; I C inet Secretary for Rural Affairs and the Environment; Minister for Children and Early Years; Minister forCommUnity afety; Minister for Culture and External Affairs; Minister for Enterprise, Energy and Tourism; Minister forHousing ~d Communities; Minis~Minister for Skills and Lifelong Learning; Minister forEnvironmfnt and Climate Change; ~ Permanent Secretary; DG Governance & Communities;Davidson is ( arab); Davidson IS (Ian) (PSDD); Owenson G (Graham); Lindsay R (Ross); Sinclair MA (Murray); Cackette PH(paul); B~a. C (Caroline); Cairns A (Anne); Ferguson SE (Shirley); Bathgate SKR (Shona); Lavelle B (Brian); Troup C(Colin); Moi sAC (Anne); Watson DB (Dave) (ISIS); Bruce S (Stephen); Lindsay K (Karen); DL SPADS

Subject: FW: FOI ~ PEAL AGAINST COMMISSIONER'S DECISION - SIMON JOHNSON - Next Steps - revised attachmentImportance:

With sincere: a ologies, please replace the previous attachment with this one (minorchanges to p~ I S 2 and 10)Many thanksl

SJ Appeal- 28 April2011.doc ...

Zoe44605

-----Original Message-----From: Lindsay R (Ross)Sent: 28 April 2011 09:31To: Mochrie Z (Zoe); Owenson G (Graham); Davidson IS (Ian) (PSDD)Cc: Bruce S (Stephen)Subject: RE: Appeal by Scottish Ministers against a decision of the Scottish ,onnationCommissioner - Simon Johnston

Zoe

We've discussed here this morning and this is very sensible advice which wee1happy toaccept - Circumstances have changed substantially and we certainly would Itto take theviews of incoming Ministers. I'

Regards

.Ross LindsayLocal Government Division: Council Tax Reform0131 2447003

-----Original Message-----From: Mochrie Z (Zoe)Sent: 28 April 2011 09:01To: Lindsay R (Ross); Owenson G (Graham); Davidson IS (Ian) (PSDD)Cc: Bruce S (Stephen)Subject: FW: Appeal by Scottish Ministers against a decision of the ScottishCommissioner - Simon JohnstonImportance: High

Gentlemen,

I

I

formation

Please see exchanges below (unaccountably you have not been copied in).I am inclined to agree with Paul, but feel Ministers ought to be informed of 0 approach.Do you have a view?

Thanks

Zoe44605

From: Lindsay R Ross)Sent: 21 Match 011 09:57To: Beattie C (f.oline); O~ham); Davidson IS (Ian) (PSDD); Bruce S (Stephen)Cc: Permanen S cretary; __ Cackette PH (Paul); Sinclair MA (Murray); DGGovernance& CommunitieSubject: FW: F Request Simon JohnsonImportance: Hi h

Copying to P. ul Gray who was asking about these issues a fewmoments ago.

Ross LindsayLocal Gove ent Division: Council Tax Reform

I

0131 244700I

From:Sent:To:SUbject:Importance:

Gill,

Mochrie Z (Zoe)31 March 201117:15Minister for Parliamentary BusinessSimon Johnson timelineHigh

.Please fInd attached brief overview of the time1ine in this case.Happy to provide further detail if required.

FOI - SimonJohnson - Timellne ..

Zoe

Zoe MochrieFreedom of Information UnitArea 3-D SouthVictoria QuayEdinburghEH6 6QQ

T: 0131 2444605

From: Mochrie f ( oe)Sent: 23 June 2Pl 12:19To: Cabinet ~ct tary for Parliamentary Business and Govt StrategyCc: Minister!pr arliamentary Business and Chief WhipSubject: Simon Jo~s n appeal - advice on potential costsImportance: H gh

Gill,

As requested, ery brief note on potential costs.Please note ~h t these can be nothing more than estimates as we are not sighted onthe costs incur ed by the Commissioner.

Thanks

Zoe44605

I

Total costs tq ate associated with the appeal against the Decision - 7500 (inc VAT)I

We can antifi. ate that pursuing the appeal will incur costs at a slightly higher levelthan the ap~e I against the Information Notice (which was abandoned prior to thehearing as t~e Information Commissioner withdrew the Notice). Therefore, the likelyadditional co s of pursuing the appeal may be in excess of 30,000.

I

In the event th t the appeal is abandoned, the Scottish Ministers will be liable for thecosts of the Sottish Information Commissioner. At present we expect his costs to bebroadly simi~a to our own (c 5,000-10,000). However, these costs may increasesignificantly hi ser to the date of the appeal, when Counsel will be retained to workon the case. :

If we were teJ>ontinue the appeal and lose, it is likely that Ministers would be liablefor the Com~i sioner's costs as well, effectively doubling the costs to somewhere inthe region o~ 0,000.

Zoe Mochri$Freedom of InfQRoom GH-98Victoria QuayEdinburghEH66QQ

T: 0131244 46pS

from:Sent:To:

Cc:

SUbject:

Gill,

Mochrie Z (Zee)24 June 2011 15:29Cabinet Secretary for Parliamentary Business and Govt Strategy; Cabinet SecretaryEmployment and Sustainable GrowthMinister for Parliamentary Business and Chief Whip; Permanent& Communities; Cackette PH (Paul); Bathgate SKR (Shona); Lavelle B (Brian); Un y R (Ross); Gilmour J(Jim); MacKinnon K (Karen); Davidson S (Sarah); Davidson IS (Ian) (PSDD); Cairns A Anne); Moises AC(Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Trotter N (Neil); Berry MA I(Michael)(Communications); Pringle K (Kevin); Bell A (Alex) Special Adviser; Nicol

'

(Stuart) SpecialAdviserFOI Appeal to the Court of Session - Simon Johnson - Handling Plan - 24 June 201 ,

Please find attached draft handling plan as requested on 22 June.Special Advisers have not yet commented on the draft.

FOI appeal to thecourt of ses ...

Zoe

Zoe MochrieFreedom of Information UnitRoom GH-98Victoria QuayEdinburghEH6 6QQ

T: 01312444605

-----Original M sage-----From: Mochrie! (Zoe)Sent: 11 July 20 1 17:01To: Owenson Q (Graham); Cairns A (Anne); Permanent Secretary; Gilmour J (Jim)Cc: LindsayR ( oss); DG Governance & Communities; Bruce S (Stephen)Subject: Urgent RE: LIT FOI releaseImportance: Hi

Dear all,

With thanks to oss and Stephen for their efforts, please see updated lines for comment andsome additionali input.

2. Anne, .s cific query for you on p4 please

3. Perm Se 's office - could you confirm the response on p3 re internal enquiry into theleak is factually ccurate please?

Though I stilld n't know when the information is likely to be released, I am keen that commshave this info tion to hand. Therefore grateful for your early comments, preferably beforeclose tomorrow 0 I can forward to Neil.

Zoe44605

-----Original M sage-----From: Bruce S i tephen)Sent: 08 July 20 I 10:28To: Mochrie Z ( oe)Cc: OwensonO (Graham); Lindsay R (Ross)Subject: RE: LI FOI release

Zoe

Coincidentally, Stuart in Mr Swinney's office phoned for an update on the c e to give to theCab Sec when he returns from holiday, so I told him that the plan was now t neleasesometime next week. He asked to be kept up to date.

Ross is drafting some lines to respond to the policy questions in Neil's e~m .them to us to complete and for comments. I will start looking at these today

Stephen

-~---Original Message-----From: Mochrie Z (Zoe)Sent: 08 July 2011 08: 11To: Bruce S (Stephen)Subject: Fw: LIT FOI release

Stephen,

to be aware - questions may be coming your way.Everything we have on Johnson is in the case file or the 2009 appeal file.

Thanks

Zoe

-----Original Message-----From: Davidson IS (Ian) (PSDD)Sent: 07 July 2011 18:42To: Owenson G (Graham); Mochrie Z (Zoe)Cc: Trotter N (Neil); Gilmour J (Jim); Lindsay R (Ross)Subject: LIT FOI release

GrahamZoe

Neil tells me that Ministers would like to release the FOI tomorrow. I could ot see anydifficulty from our perspective but I'm not sighted on the latest on the appe amdnotifyingthe Commissioner and whether there are any processes that need to be gone ugh thatwould make this difficult.

=:n~terms I assume LG Division would handle release to awould manage other elements

Neil will work up some lines on the assumption that this is good to go. CanASAP tomorrow if there are any problems.

Ian

From: Mochrie ZI Zoe)Sent: 12 July 20' 110:05To: Lindsay R CR,ss); Cairns A (Anne); Bathgate SKR (Shona)Cc: Gilmour j (Ji ); Owenson G (Graham)Subject: RE::U nt - RE: UT FOI release

I

On the current d peal, I know we have to add in another_ and an, er 45 court fees to withdraw the appeal.Which brings u to 7595.Are we content ith this?

Thanks Ross,

Zoe

From: Lindsay RI Ross)Sent: 12 July 20, 1 09:57To: Mochrie .2 (Z, ); Owenson G (Graham); Cairns A (Anne); Permanent Secretary; Gilmour J (Jim)Cc: DG Governai1 e & Communities; Bruce S (Stephen); Bathgate SKR (Shona)Subject: RE: Ur' nt - RE: UT FOI ,release

Regarding co ts for the current appeal, we (Local GovernmentDivision)curr ntly have journal transfer request amounting to6350 (ine v~). However~ these are after the fact and ma not include all costs,court costs & ees and adVIce to date.

Ross LindsayLocal Gove ent Division: Council Tax Reform0131 244700

From:Sent:To:

Cc:

Subject:

Rae C (Carolyn)14 July 201116:20Pringle K (Kevin); First Minister; Cabinet Secretary For Finance, Employment and Su inable Growth;Gilmour J (Jim); Mochrie Z (Zoe); Gethins S (Stephen); Communications Wealthier Fairer; Wilson F(Fiona) (Communications); Madnnes J (John)Minister for Parliamentary Business and ct)ief Whip; DG Governance &Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca ..ette PH (Paul);Cairns A (Anne); Undsay R (Ross); Cabinet Secretary for Parliamentary Business an !Govt Strategy;Permanent Secretary; DG Governance & COmmunities; Nicolson S (Stuart) Special Aviser; Bell A (Alex)Special Adviser; Sinclair MA (Murray); Owenson G (Graham)RE: IMMEDIATE - FOI APPEALTO THE COURT OF SESSION - SIMON JOHNSON AN LIT - UPDATE.

~=01 LIT - DRAFT 14

JULY 2011 (

Final, proofed version attached. Just deleted 'As set out in our manifesto' at e last par of thequote.

I will issue this via newslink to mainlists at 4.30pm and issue the pdf docs to Simon Johnsononce I issue.

Carolyn

From: Pringle K (Kevin)Sent: 14 July 201116:13To: First Minister; Cabinet Secretary For Finance, Employment and Sustainable Gro(Carolyn); Gilmour J (Jim); Mochrie Z (Zoe); Gethins S (Stephen); CommunicationsFairer; Wilson F (Fiona) (Communications); Madnnes J (JohnCc: Minister for Parliamentary Business and Chief Whip;Governance & Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); BeattieCackette PH (Paul); Cairns A (Anne); Lindsay R (Ross); Cabinet Secretary for Parlia entary Businessand Govt Strategy; Permanent Secretary; DG Governance & Communities; Nicolson S (stuart) SpecialAdviser; Bell A (Alex) Special Adviser; Sinclair MA (Murray); Owenson G (Graham) ,Subject: RE: IMMEDIATE - For APPEALTO THE COURT OF SESSION - SIMON JO NSON AND UT -UPDATE

Final draft, if it could be checked for typos.Karen can advise on release time - I think 4.30pm, so that the legal processcourse fIrst.

File: FOI LIT - DRAFT 14 JULY 2011 (4).doc

From: Watt K (Karen) On Behalf Of First MinisterSent: 14 July 201116:01To: Cabinet Secretary For Finance, Employment and Sustainable Growth; Pringle K Kevin); Rae C(Carolyn); Gilmour J (Jim); Mochrie Z (Zee); First Minister; Gethins S (Stephen); I municationsWealthier & Fairer; Wilson F (Fiona) (Communications); Madnnes J JohnCc: Minister for Parliamentary Business and Chief Whip;Governance & Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); BeattieCackette PH (Paul); Cairns A (Anne); Lindsay R (Ross); Cabinet Secretary for Parlla entary Businessand Govt Strategy; Permanent Secretary; DG Governance & Communities; Nicolson S (Stuart) Special

Adviser; Bell A (~ex) Special Adviser; Sinclair MA (Murray); Owenson G (Graham)Subject: RE: 1M EDIATE - FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT -UPDATE

Paul, the conver tion with Mr Swinney was extremely useful - thank you. I have now spoken to theFirst Minister to i form him about Mr Swinney's statement, its planned release at around 4.30pm andthe process/tjmi~ of the next legal steps. He has suggested a very slight tweak to the press releasewhich Kevin Pri gle is currently dealing with, but which keeps unchanged the sentiment andsubstance of the' tatement.

Zoe, I would be I rateful if you could to intimate' the motion to the OSIClegal team and t~ Court, and to take whatever necessary next legal steps are required.

I am grateful to a for your advice on this matter.Regards, Karen

I Private Secretary I Office ofthe First Minister I Tel: 0131 2445218

All emails and attach ents sent by a Ministerial Private Office to another official on bet/alf of 8 Minister relating to a decision,request or comment i ade by a Minister. or a note of a Ministerial meeting. must be filed appropriately by the primary recipient.Private Offices do no keep official records of Sllch emails or attachments.

From: Boylan Paul) On Behalf Of Cabinet Secretary For Finance, Employment and SustainableGrowthSent: 14 July 20: 115:02To: Pringle K (K~ in); Rae C (Carolyn); Gilmour J (Jim); Mochrie Z (Zoe); Cabinet Secretary ForFinance, Employ lent and Sustainable Growth; First Minister; Gethins S (Stephen); CommunicationsWealthier & Fair~; Wilson F (Fiona) (Communications); Madnnes J JohnCc: Minister for i rliamentary Business and Chief Whip; DGGovernance & cd munities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline);Cackette PH (Pa4 ); Cairns A (Anne); Lindsay R (Ross); Cabinet Secretary for Parliamentary Businessand Govt Strateg ; Permanent Secretary; DG Governance & Communities; Nicolson S (Stuart) SpecialAdviser; Bell A ( ex) Special Adviser; Sinclair MA (Murray); Owenson G (Graham)Subject: RE: 1M EDIATE. - FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT -UPDATE

Mr Swinney, content with the release and is also content for it to beissued pro-a' tively.

Regards

Paul

Paul BoylanDPS/Cabinet sed etary for Finance, Employment & Sustainable GrowthScottish Govern. entTel: 013124452Mob: 077174224 :2E-mail: .

i

Please conside the environment before printing this e-mail

All e-mails and attachments sent by a Ministerial Private Office to another official on behalf of aMinister relating to a decision, request or CDrnment made by a Minister~ or a not of a Ministerialmeeting, must be filed appropriately by the recipient. Private Offices do not keep 'official records ofsuch e-mails or attachments.

Mr Swinney takes a Ministerial Box Monday to Thursday which closes at 6~OO.MrSwinney does not take a box on a Friday.

Click here to see J9hn Swinney's Ministerial Preferences

Attached is a new draft for the Cab Sec to se

File: FOI LIT - DRAFT 14 JULY 2011 (4).doc

Pringle K (Kevin)14 July 201114:39Rae C (Carolyn); Gilmour J (Jim); Mochrie Z (Zoe); Cabinet Secretary For Finance, ESustainable Growth; First Minister; Gethins S (Stephen); Communications Wealthier(Fiona) (Communications); Madnnes J (John)Minister for Parliamentary Business and Chief WhiCommunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca ette PH (Paul);Cairns A (Anne); Undsay R (Ross); Cabinet Secretary for Parliamentary Business an Govt Strategy;Permanent Secretary; DG Governance & Communities; Nicolson S (Stuart) Special A viser; Bell A (Alex)Special Adviser; Sinclair MA (Murray); Owenson G (Graham) ,RE: IMMEDIATE - FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AN I LIT - UPDATE

Cc:

SUbject:

From:Sent:To:

From: Rae C (carolyn)Sent: 14 July 201113:07To: Gilmour J (Jim); Mochrie Z (Zoe); cabinet Secretary For Finance, Employment nd SustainableGrowth; First Minister; Pringle K (Kevin); Gethins S (Stephen); Communications Welthier &. Fairer;Wilson F (Fiona) (Communications); Madnnes J (John)Cc: Minister for Parliamentary Business and Chief Whip; DGGovernance &. Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie '(caroline);cackette PH (Paul); cairns A (Anne); Lindsay R (Ross); cabinet Secretary for parlia i ehtary Businessand Govt Strategy; Permanent Secretary; DG Governance &. Communities; Nicolson (Stuart) SpecialAdviser; Bell A (Alex) Special Adviser; Sinclair MA (Murray); Owenson G (Graham)Subject: RE: IMMEDIATE - FOI APPEAL TO THE COURT OF SESSION - SIMON JOUPDATE

File: NEWS RELEASE - FOI LIT - DRAFT 14 JULY 2011.docI have updated the attached draft. Just to be clear, I have only drafted as news release toensure that we have all the key bits of information outlined in a release, sho d we go with arelease. There is also a possibility that lines will be issued reactively in e name of a SGspokesperson, should news break that we have withdrawn the appeal.

From: Gilmour J (Jim)sent: 14 July 2011 12:59To: Rae C (carolyn); Mochrie Z (Zoe); Cabinet Secretary For Finance, Employment nd SustainableGrowth; First Minister; Pringle K (Kevin); Gethins S (Stephen); Communications Welthier &. Fairer;Wilson F (Fiona) (Communications); Madnnes J (John)Cc: Minister for Parliamentary Business and Chief Whip; DGGovernance &. Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie :(caroline);Cackette PH (Paul); cairns A (Anne); Lindsay R (Ross); cabinet Secretary for Parlia ehtary Businessand Govt Strategy; Permanent Secretary; DG Governance &. Communities; Nicolson : (Stuart) Special

Adviser; Bell A I( ex) Special Adviser; Sinclair MA (Murray); Owenson G (Graham)MI EDIATE - FOI APPEALTO THE COURT OF SESSION - SIMON JOHNSON AND LIT -

Zoe

Jim GilmourLocal Government Local TaxationScottish GoverIW'lE!t, 3-J (North),Victoria Quay;EdinburghEH66QQ

Tel: 0131244 7159

File: NEW RELEASE - FOI LIT - DRAFT 14 JULY 20 11.doc Thanks Zoe. I ve updated the release to reflect comments from you and special advisers.Carolyn

From:Sent:To:

Cc:

Subject:

RELEASE - FOI LIT - DRAFT 14 JULY 20I1.doc

e C (Carolyn)July 2011 12:33

; ochrie Z (Zoe); Cabinet Secretary For Finance, Employment and Sustainable Growth; First Minister;. 'ngle K (Kevin); Gethins S (Stephen); Communications Wealthier & Fairer; Wilson F (Fiona)

~ ommunications}; MacInnes J (John). inister for Parliamentary Business and Chief Whi DG Governance &

mmunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Cackette PH (Paul);irns A (Anne); Gilmour J (Jim); Undsay R (Ross); Cabinet Secretary for Parliamentary Business and Govtategy; Permanent Secretary; DG Governance & Communities; Nicolson S (Stuart) Special Adviser; Bell A

~ lex) Special Adviser; Sindair MA (Murray); OWenson G (Graham): IMMEDIATE - FOI APPEALTO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE

From: Mochrie (Zoe)Sent: 14July 20 112:17To: Rae C (Caro n); Cabinet Secretary For Finance, Employment and Sustainable Growth; FirstMinister; Pringle (Kevin); Gethins S (Stephen); Communications Wealthier & Fairer; Wilson F(Fiona) (Commu ications)Cc: Minister for I rliamentary Business and Chief Whip; . DGGovernance & C munities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline);Cackette PH (Pa ); Cairns A (Anne); Gilmour J (Jim); Lindsay R (Ross); Cabinet Secretary forParliamentary B .ioess and Govt Strategy; Permanent Secretary; DG Governance & Communities;Nicolson S (Stua! ) Special Adviser; Bell A (Alex) Special Adviser; Sinclair MA (Murray); Owenson G(Graham)Subject: RP 1M EDIATE - FOI APPEALTO THE COURT OF SESSION - SIMON JOHNSON AND LIT -UPDATE

Some tracked c anges from me, attached.

I

ZoeFile: NEW RELEASE - FOI LIT - DRAFT 14 JULY 20II.doc

from:Sent:To:

Cc:

Subject:

Rae C (Carolyn)14 July 201112:09Mochrie Z (Zee); Cabinet Secretary For Finance, Employment and Sustainable Gro ; Irst Minister;Pringle K (KeVin); GethinsS (Stephen); COmmunications Wealthier & Fairer; Wilson (iOlla)(COmmunications)

~

Minister for Parilamentary Business and Chief Whi G Governance &COmmunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca e PH (Paul);Caims A (Anne); GIlmour J (Jim); Undsay R (Ross); Cabinet Secretary for Pariiamen Business and GovtStrategy; Permanent Secretary; DG Govemance

.

& Communities; Nicolson S (Stuart) tal Adviser; Bell A(Alex) Special Adviser; Sindair MA (Murray)RE: IMMEDIATE - FOI APPEALTO THE COURT OF SESSION - SIMON JOHNSON AN .. - UPDATEI

File: NEWS RELEASE - FOI LIT - DRAFT 14 JULY 201 1.doc IZoe, Stephen and Graham II am aware that the Cab Sec bas limited time 10 consider the draft releaselsta r1>ent.And Iknow we have yet to decided on how we release our statement, but can you :f:e have alook at the first draft and suggest any changes so we can run past him around 2.pOpm?Carolyn I

I

I

e~; Pringle K

From: Mochrie Z (Zoe)Sent: 14 July 20-1111:01To: Cabinet Secretary For Finance, Employment and Sustainable Growth; First Mini(Kevin); Gethins S (Stephen); Communications Wealthier & Fairer' Rae CCarol nCc: Minister for Parliamentary Business and Chief Whip; DGGovernance & Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie (q:aroline);Cackette PH (Paul); Cairns A (Anne); Gilmour J (Jim); Lindsay R (Ross); Cabinet S retary forParliamentary Business and Govt Strategy; Permanent Secretary; DG Governance & mmunities;Nicolson S (Stuart) Special Adviser; Bell A (Alex) Special Adviser; Sinclair MA (Murra .)Subject: RE: IMMEDIATE - FOI APPEAL TO THE COURT OF SESSION - SIMON JOON AND LIT -UPDATEImportance: High

Karen,I

Further to our conversation this morning, please find attached lines prepared 01 Commscolleagues with reference to the abandonment of the appeal.These have now been revised to take account of comments received from th

File: Decision 025_2011 - FOI_09 _00512 - Simon Johnson - potential reinformation -lines to take Q&A - 8 July 2011.docAlso attache~ intimation of motion to abandon.

File: FOI appeal letter to Anderson Strathem 14 July 2011.doc

~

Happy to discuss/liaise as appropriate with Comms lead and grateful for an i di ation ofwhen we will be ready to go with this. aSIC's solicitors need to be informed y the end of theday.

FinalIy, can I take this opportunity to remind colleagues ofthe importance of l1ingcorrespondence in relation to this appeal appropriately. tTaking a little time now to file documents we necessarily require for the offi a record willsave time if/when someone asks for 'all correspondence related to the appeal'. T e originatorof an email chain has responsibility for filing, though any correspondence fro !PrivateOffice/Special Advisers should be .fi1edby the primary recipient. !

Many thanksI

I

Mr Swinney as discussed this matter with the First Minister. Mr Swinneyand the Firs Minister have agreed to withdraw from legal action in thiscase. Howe er, the sentiment and direction with which Mr Swinney andthe First M/n ster would like this underpinned in all communications is setout below;.:

The ScottiJh Government continue to defend the principle that advice toScottish G

From:Sent:To:Cc:

Subject:

Importance:

Karen, Kevin,

Mochrie Z (Zee)12 July 2011 16:28First Minister; Pringle K (Kevin)Minister for Parliamentary Business and Chief Whip; DG Governance &.Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Ca katte PH (Paul);Cairns A (Anne); Gilmour J (Jim); Undsay R (Ross); Cabinet Secretary for Parliamen ry Business and GovtStrategy; Cabinet Secretary FOr Finance, Employment and Sustainable Growth; nent Secretary; DGGovernance &. Communities; Nicolson S (Stuart) Special Adviser; Bell A (Alex) Speci IAClvlser; Sinclair MA(Murray)IMMEDIATE - FOI APPEALTO THE COURT OF SESSION - SIMON JOHNSON AND - UPDATE

High

For urgent consideration:-

Please find attached a submission dated 13 June relating to the Simon JohnsI

FOI Appeal.

This week, events at Court have begun to impinge on the time available for t e IMinisters tocome to a formal decision in respect of this appeal. IBoth the Court and the Commissioner's legal team are pressing for a date to e fixed for a

I

hearing. This would have the effect of continuing the appeal. IIn the absence of a decision ftom the First Minister by noon on Thursday (t ~llow some

I

time for SOLD to prepare and submit a motion to abandon), we will be force tp attend Courtto fix a hearing on Friday morning. I

Happy to discuss,

Zoe44605

From:Sent:To:

Cc:

Subject:

And just to m>tthe subject ofJohnson andGovernment w

lit projectiol'\paper.pdf (359 .,.

Graham

enson G (Graham)July 201116:19

rst Minister; Cabinet Secretary 'For Finance, Employment and Sustainable Growth; Pringle K (Kevin); Rae(Carolyn); Gilmour J (Jim); Mochrie Z (Zoe); Gethins S (Stephen); Communications Wealthier & Fairer;ilson F (Fiona) (Communications); MacInnes J (JOh.Inister for Parliamentary Business and Chief Whip; : DG Governance &mmunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Cackette PH (Paul);ims A (Anne); Lindsay R (Ross); Cabinet Secretary for Parliamentary Business and Goo Strategy;rmanent Secretary; DG Governance & Communities; Nicolson S (Stuart) Special Adviser; Bell A (Alex)ecial Adviser; Sinclair MA (Murray); Davidson IS (Ian) (PSDD): IMMEDIATE - FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE

for completeness that the actual documents (see attached copies) which weree appeal will be released today (at 4:30pm) by Communications to Simonwill also publish them in the Local Government section of the Scottish

site.

lit projectionsubmission.pdf ..

ernment Finance

Scottish Govern0131 24 47002-graham.owenso scotland.gsLgov.ukVisit the LGFweb ite at: http://www.scotland.gov.ukrropics/Government/local-

overnmen1' 9 11115

http://www.scotland.gov.ukrropics/Government/local

From:Sent:To:

Cc:

Subject:

Mochrie Z (Zee)14 July 201116:14First Minister; cabinet Secretary For Finance, Employment and Sustainable Growth; 'ogle K (Kevin); RaeC (Carolyn); Gilmour J (Jim); Gethins S (Stephen); Communications Wealthier & Fai r;Wilson F (Fiona)(Communications); MacInnes J (John)Minister for Parliamentary Business and Chief Whip; DG Governance &Communities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (caroline); ca kette PH (Paul);cairns A (Anne); Undsay R (Ross); cabinet Secretary for Parliamentary Business an Gc>vtStrategy;Permanent secretary; DG Governance & Communities; Nicolson S (Stuart) Special 'ser; Bell A (Alex)Special Adviser; Sinclair MA (Murray); OWenson G (Graham)RE: IMMEDIATE - Fal APPEALTO THE COURT OF SESSION - SIMON JOHNSON AN urr - UPDATE.

Karen,

Happy to confirm that the motion has been intimated to aSIC's legal teamhas been informed.

Zoe

.hat the Court

From:Sent:To:Cc:

Subject:

Importance:

Karen, Kevin,

FOI appeal to thecourt of ses ..

! ochrie Z (Zoe)July 2011 16:52

rst Minister; Pringle K (Kevin)inister for Parliamentary Business and Chief Whip; 00 Govemance &mmunities; Moises AC (Anne); Watson DB (Dave) (ISIS); Beattie C (Caroline); Cackette PH (Paul);ims A (Anne); Gilmour J (Jim); Undsay R (Ross); Cabinet Secretary for Parliamentary Business and Govtrategy; Cabinet Secretary For Finance, Employment and Sustainable Growth; Permanent Secretary; 00overnance & Communities; Nicolson S (Stuart) Special Adviser; Bell A (Alex) Special Adviser; Sindair MA

( urray): IMMEDIATE - FOI APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE

Apologies, youannouncement.The attached pInow more prob

Regards

Zoe

'11also wish to be aware of issues with regards to timing of any

refers, but was drafted on the basis of announcement by IPQ, This option ismatic as parliament is in recess.

-----Original Message-----From: Mochrie Z (Zoe)Sent: 12 July 2011 15:29To: Communications Wealthier & FairerSubject: FW: Urgent - RE: LIT FOI release

In Neil's absence, please note the attached.Thanks

Zoe

-----Original Message-----From: Mochrie Z (Zoe)Sent: 12 July 2011 15:24To: Trotter N (Neil)Cc: Lindsay R (Ross); DG Governance & Communities; Bruce S (Stephen); aims A(Anne); Owenson G (Graham); Permanent Secretary; Gilmour J (Jim); Cack tie PH (Paul)Subject: RE: Urgent - RE: LIT FOI release '

Neil,

Please see attached lines covering Policy and FOI/Legal issues.

Additional background material including the,presentation of what we have ia on costs andan explanation of the variance will follow from GrahamlRoss tomorrow.

Thanks

Zoe44605

From: Mochria (Zoe)Sent: 23 June 2 11 16:34To: Trotter N (N iI); Berry MA (Michael)(Communications); Nicolson S (Stuart) Special Adviser; Bell A(Alex) Special A iser; Pringle K (Kevin)Cc: Cackette, ~ Paul); Beattie C (Caroline); Bathgate SKR (Shona); Lavelle B (Brian); Lindsay R(Ross); Gilmo~r (Jim); MacKinnon K (Karen); Davidson S (Sarah); Davidson IS (Ian) (PSDD); CairnsA (Anne); DG G ernance &. Communities; Moises AC (Anne); Watson DB (Dave) (ISIS)Su "ect: FW: iF I APPEAL TO THE COURT OF SESSION - SIMON JOHNSON AND LIT - UPDATE

policy colleagues for input to date, please find attached draft

advice in general terms, and specifically on those points highlighted forthe plan.

dicated below, that Ministers are keen to consider the plan over theweekend, there re grateful for comments and contributions by 2.30pm tomorrow,Friday 24 Jun

File: Sinlp Johnson and LIT - Draft Handling Plan - 22 June 2011- with FOI LIT._ input. do ..Many thanks

Zoe44605

From: Davies D (Diana)Sent: 14 June 2011 10:41:03To: . Ministerial Correspondence UnitCc: Brash 0 (Grace), Bate RAM (Robin), Aberdein 0 (Oeo(Alex) Special Adviser, Dolan N (Noel), Erickson J (Jennifer), GethinsHutchison D (David), MacInnes J (John), McFarlane J (John), NicolsonSpecial Adviser, Noon S (Stephen), Pringle K (Kevin), Kow~l T (Terry)(Graeme), Hewlett D (Damon), Malarky R (Ruth)Subject: Fast Track First Minister Correspondlence - Letter fromMcMahon MSP

Attachments: M McMahon(2).pdf

MCU

Please can the attached letter go on the system as a Fast Track for theFirst Minister's signature by close of play 22 June

Thanks

Diana

Diana DaviesCorrespondence SecretaryOffice of the First Minister+44 131 244 2527

The First Minister's preferences can be found at:

http://intranet/InExec/AboutUslDirectorateslMinisterial-SupportGroupisterslMinisterialPrivateOfficesIFirstMinisterlFirstMinister llIntro

All e-mails and attachments sent by a Ministerial Private Office toanother official on behalf of a Minister relating to a decision, requestor comment made by a Minister, or a note of a Ministerial meeting, mustbe filed appropriately by the primary recipient. Private Offices do notkeep official records of such emails or attachments.

, Bell AStephen),(Stuart)oyG

The ScottishParliament

e information which has been published by the DailyTelegraph Wi contained in another more recent document also written by DrAndrew Gou. i which reveaJed that your local income tax proposals wereestimated to suit in a revenue shortfall of around 800m.

today suggest that the document whose disclosure you havert of Session twice to block contains the same information.

was not your intention to deliberately misinform Parliament onuld ask you to correct the misleading comments you made.

than 100,000 of taxpayer's money has already been spentan attempt to block the Information Commissioner's ruling inId ask what remaining reason you now have to spend evenmoney to prevent this information's release.

uld remind you u,at the Information Commissioner ruled thatpublic interest in disclosing the information overruled anydvice to ministers should be exempt from the provisions of thermation Act.

Our Ref: 01080016r 3 JUN 2DJJFN 0 FICE

-

ange ~t First MinIster's Questions today (June 9) youthat information on Local Income Tax which is subject toSession proceedings has already been published in the Dailypaper.

Michael McMahon MSPUddingston & Bellshill Constituency

d

ouse

09 June 201

Mr Alex SalArst MlnlsteSt. AndreW'sRegent RoadEdinburghEH1

Given that mon legal feesthis case, I wmore taxpaye

During oureappeared tocurrent CourtTelegraph n

In doing so Jin this case.thargument thaFreedom of I

rllamentary Advice Office, 188 Main Street, Bel/shill, ML4 iAETelephone: 01698 304 501 Facsimile: 01698 300 223e-mail: michael.mcmahcn.msp@stOttiSh.parttament.uk

Internat: www.scottish.parli~ment.uk

mailto:michael.mcmahcn.msp@stOttiSh.parttament.ukhttp://www.scottish.parli~ment.uk

I look forward to your response.

Yours sincerely

~~MICHAEL MC MAHON MSPSHADOW CABINET SECRETARY FOR LOCAL GOVERNMENT

Simon Johnson case

The Scottish Government is committed to Freedom of Information a itsunderpinning principles of openness and transparent Government.

The Scottish Information Commissioner published his Decision 0 an appeal bySimon Johnson on 9 February 2011.

Ministers have today appealed the Commissioner's Decision to theourt of Sessionas they consider that the decision is not in line with the provision of Freedom ofInformation (Scotland) Act 2002 (FOISA). Pending the Court's con ideration of theappeal it would be inappropriate to comment further at this time.

General backaround

We handled some 1,400 FOI requests last year, the vast majority of hich led tomore information being made available. Additionally, there are large olumes ofroutine requests and correspondence that we handle on a daily basi .

Scotland is leading the way in the UK as regards Freedom of Informexample, the Scottish Government now makes its historic files availaafter just 15 years, in contrast to the traditional'30 year rule' that app s elsewhere.We also publish a huge range of information about all aspects of our orkproactively.

Ministers remain keen to ensure that an appropriate balance is strucensuring public access to information where it is in the public interesand protecting the ability of Ministers and officials to develop policypremature disclosure which could be prejudicial to good government

However, we are not complacent and we will continue in our eperformance and to provide more information proactively.

"I can confirm we have lodged an appeal with the court of session.inappropriate to comment further at this time."

betweeno disclose it,hout risk of

From: Caroli Beattie

Copy to:DG - Communities & Govemance

Murray SinclairPaul Cackette

FREEDOM OF INFORMATION: SIMON JOHNSONDECISION OF THE INFORMATION COMMISSIONER:POSSIBLE

Purpose

Priority

2. Urgent: We are required to comply with the Decision by 28 rch 2011. Anyappeal against the Decision, which can only be brought on a po n of law, wouldneed to be lodged in the Court of Session by 23 March.

Background

3. Simon Johnston, Scottish Political Editor of the Daily Tele r ph, requestedinformation relating to the policy formulation of the proposed Lo ncome Tax on17th February 2009. The information sought by Mr Johnston was

" copies of revised local income tax projections based on the I formation andchanges contained In last November's pre-Budget report. These referred to byJohn Swinney in his answer to Parliamentary question S3W w18225.

I would also be grateful if you could provide any documents, i c uding e-mails,reports and minutes of meetings, that discuss what implicatlo s these figureshave "

4. SG replied on 29 April 2009 refusing the request on th asls that theinformation requested fell within the exemption in section 29(1 (a) of FOISA(formulation or development of government policy). Mr Johnston re ted a reviewof that refusal. The reviewer upheld the original decision to refuse, nd advised MrJohnston of the review decision on 24 July 2009. Mr Johnsto . appealed thatdecision to the Scottish Information Commissioner (SIC) on 27 July.

3. supplied the SIC with a document entitled "AbolitionofCouncilTax a introductionof Local IncomeTax: revenue roections.The SIC wasnot satisfiedwi this informationand the SIC thenissued an Info ation Notice in respect of the appeal. The Information Notice wasitself subject t n appeal under s56 of the Freedom of Information (Scotland)Act2002. Prior to e appeal hearing being heard agreement was reached to refer thecase back to I for a Decision.This Decisionwas received on 10 Februa and isattachedat An x 1.

Analysis

Outcome

Caroline BeattieDeputy DirectorCommercial and Business Services DivisionScottish Government Legal DirectorateRoom G-C 76 Victoria Quay Edinburgh

telephone 0131 244 0535

10 March 11

Attachments

Annex 1

Annex 2

You expressed concem at Scottish Ministers action on 23 March -toScottish Information Commi$Siooer, suggesting that this constitutedParliamentary Election Guidance .. -

The Guidance Is explicit on this matter. The Freedom of tnfonnatiremains 'in futl force during the election period'. The case in questioaction of Ministers in deciding to appeal tneCommissioners judgmnew action of a continuing or long--term dlaracter, not did it involve nof policy. A decision regarding ao ap~1 had to be taken within- a pre'

On this basis, it is dear that Scottish Ministers acted within theGwdat httD:IIVJWWlsco!lan(taov.ukfResource/Doc/1124/011429~"Ddf.

I hope this Is of assistance, but do Jetme know if anything further woo d be helpful.

Permanent secretarySir Peter Housden KCB

T:0131-244 4016 F:0131~244 2312E: perm.sec@scotJand.gsi.gov.uk

Tom Greatrex MPThe Scottish Labour PartyHead OfficeJohn Smith House145 West Regent StreetGlasgowG24RE

The Cabinet Secretary has asked me as the senior civil servant in Sletter of 31 March.

~ ~The ScottishGovernment

12 April 2011

land to reply to your

aI a creasion of theeach of the Scottish

(Scotland) Act 2002was ongoing and the

did notoonstitute adecisions on matters

timetable.

, which is pubfished

~'t, 'Ct.A...{ t)QOk tvi.f 14! J'... /

St Andrew's House, Regent Road, Edinburgh EH1 3txiwww.scotland.gov.uk

mailto:perm.sec@scotJand.gsi.gov.ukhttp://www.scotland.gov.uk

For all of the above reasons I believe the Scottish Government has bre the strict pre*election rules. I would be grateful If you could investigate this matter f with.

I

'. The Scottish labour party has long opposed the Scottish Government'sincome taxaod it is set to be a defining issue In the election campaign.clear concern that public resources are being used f~r party political pu

I thank you in advance for your assistance In this matter and would appresponse.

Yours sincerely

Tom Greatrex MP

icy on Iocafre is therefore a

ses.

the Scottish LabourParty 0II'Iee~ Smith Htmse, 14SWMt Regent Street.Gtaseow.GZ 4RE01415126900 I smttishlabout.orl-Uk/mntact

Sir GusaDonnCabinet SecretaHM GovernmentCabinet Office ,70 WhitehallLondonSW1A 2AS

31 March 2011

Dear Sir Gus

I write to you f lowing the revelation that Scottish Ministers launched an appeal to theCourt of Session ,block theretease of information relating to paperwork associated 'withtOcallncome ta)( e Telegraph - SCottishedition, 31 Hard' 2011- attached).

I understand fro media reports that ScottiSh Ministers are attempting to block the releaseat a memo wrin by Scottish Government officials on the implications of the local Incometax plans. despi that fact that the Scottish Information Commissioner has ordered itsrelease.

The timing of First Minister's decision to Instigate this Iqal action is of profoundconcern, As you are aware the Scottish Parliament dissolved at. midnight on 22 March2011, marking e (Ommencernent of the period formerly known as purdah", However, IundeTStandthathe First Minister only raised the legal action on the afternoon 23 March2011 - after the urdah periOd had started .

Of course I app . iate that during the Scottish Partiament election campailn SconishMinisters retain if. responsibiUty to govern, However, the Scottish Govemm~ntguidancedearly states t only "essentialbusiness" should be carried on and Ministers shouldobserve dlscreti fn initiating any new action of a continuing or Ions-term character," I