Gordon and Scottish Ministers: SIC 21 Aug 2013

SIC Scottish Oil Fund – On 16 October 2012, Mr Gordon asked the Scottish Ministers (the Ministers) for information regarding the Scottish Oil Fund. The Ministers disclosed some information and withheld the remainder under section 29(1)(a) (formulation and development of policy) and section 30(b)(i) (substantial inhibition to the free and frank provision of advice) of FOISA.
During the investigation, the Ministers argued that some of the information was exempt from disclosure under section 25(1) of FOISA, being ‘otherwise accessible’ to Mr Gordon. They also located additional information falling within the scope of Mr Gordon’s request, but did not cite any exemptions or disclose it to Mr Gordon.
Following an investigation, the Commissioner found that the exemptions cited by the Ministers did not apply and she ordered the Ministers to disclose the information to Mr Gordon. She also ordered them to disclose the information in relation to which no exemption had been applied.

[2013] ScotIC 184 – 2013

Scotland, Information

Updated: 21 November 2021; Ref: scu.516070