Response

The Scottish Police Authority has considered your request under the Freedom of Information (Scotland) Act (FOISA).

The Authority can confirm information is held.

While we aim to provide information whenever possible, in this instance the information you have requested is considered exempt as the information relates to legislation currently being formulated by the Scottish Government.

This exemption requires application of the public interest test.

Public Interest Test

The public interest factors in favour of disclosure is that:

• This would adhere to the basic principle of being open and transparent.

The public interest factors in favour of maintaining the exemptions are:

• The Scottish Government’s consultation was carried out on a private, non-public basis. Responses are intended to inform policy choices that have not yet been made, and is actively shaping draft legislation which has not yet been put to Ministers for agreement. If the Authority was to provide its response, due to its format, this would disclose draft legislation still being formulated. The Authority considers that the public interest lies in high quality policy-making, and in allowing proper consideration to be given to views provided prior to implementation.

• The Authority considers that the public interest is met through Scottish Government consultation with all interested parties. This includes staff associations, whose members may be affected by the regulations, and employers who will be expected to implement the regulations.

• Information, especially at this stage of formulation of the legislation, might be taken out of context, leading to public confusion or misdirected criticism. Once policy development is complete and regulations are laid before the Scottish Parliament, there will be appropriate scrutiny by elected representatives.

On balance, our conclusion is that maintaining the exemption outweighs the public interest in disclosure.