Scottish Government releases legal advice at last – but questions remain

Scottish Government statement on publication of legal advice relating to court case against the Scottish Information Commissioner:

On 9 September 2024 the Scottish Information Commissioner issued a decision notice (193/2024) requiring the Scottish Ministers to disclose legal advice in connection with its Court of Session case against the Scottish Information Commissioner (case XA10/23).  

The information had been withheld by the Scottish Government in response to a Freedom of Information request as it considered that the Government should have been able to receive the advice in confidence under “legal professional privilege” and that the public interest was not sufficient to override this exemption. 

The Commissioner, in responding to an appeal from the requester, took a different view – that considerations favouring release in this case outweighed those for maintaining legal professional privilege.   

That decision of the Commissioner was carefully considered by The Scottish Government and it was decided to release the information. 

The material being disclosed outlines that Scottish Ministers took decisions informed by appropriate analysis of the legal considerations and on an important point of principle which was acknowledged as addressing a ‘sharp and important question of statutory interpretation’ in the Court of Session’s judgement.  

The released documentation confirms that Ministers had been advised that there were reasonable prospects of success in taking an appeal. The documentation also shows that Ministers had discussed the legal advice with the Lord Advocate, the most senior government legal adviser, who was content that there were proper grounds for appealing and who agreed with Ministers that the decision should be appealed. 

There is a longstanding convention, observed by Scottish, UK and other governments, that government does not disclose legal advice except in exceptional circumstances.  This ensures that government can access full, frank and confidential legal advice, just as other organisations and individuals are able to.  The ability to access such advice is central to the effective conduct of government in the public interest.   

The Scottish Government disagrees with the Commissioner’s reasoning in his decision and considers that there were good grounds for a successful appeal to the Court of Session had it chosen to do so. It considers that it is important to emphasise that while minimising further cost to the taxpayer. 

The Scottish Government’s publication of the material in this case does not set any precedent for its position on releasing other information that is subject to legal professional privilege. Nor does the Scottish Information Commissioner’s decision represent a binding legal precedent.   

The Government will continue to apply the relevant exemptions, in line with the Freedom of Information (Scotland) Act 2002, and will follow the Scottish Ministerial Code in relation to legal advice. 

It will also closely monitor Scottish Information Commissioner decisions relating to the release of legally privileged information and will refer them to the Court of Session if it considers that appropriate in future. 

Welcoming the release of the information former SNP MP Joanna Cherry, a lawyer and a fierce critic of the Scottish Government, said: “This information is rather jumbled up & there are redactions which makes it difficult to follow but it is fascinating.

“On first reading there are three major takeaways. First, Scottish ministers made misleading statements to the Information Commissioner.

“Second, the appeal proceeded in the face of advice from counsel that the prospects of success were weak. And third the frequent redactions of the name of a civil servant whose actions appear to be central to the whole saga.”

On Wednesday, Scottish Information Commissioner David Hamilton published his own legal advice received in relation to a 2023 FOI decision which was appealed to the Court of Session by the Scottish Government.

Decision 004/2023 found that information relating to James Hamilton’s investigation into former first Minister Nicola Sturgeon under the Ministerial Code was held by the Scottish Government and should therefore be considered by it when responding to freedom of information (FOI) requests. The Court found in the Commissioner’s favour in its December 2023 ruling.

The Commissioner subsequently considered a request for copies of the legal advice received by the Scottish Government in relation to its decision to bring the 2023 appeal. This request had been refused by the Scottish Government. In a September 2024 decision, the Commissioner found that this legal advice should be disclosed. 

The decision requires that this information be disclosed by 26 October 2024. The Commissioner has received notification that the Scottish Government will comply with this decision.

The Commissioner’s own legal advice received in relation to this case is published below. 

The legal advice published below contains a small number of redactions of information. Where redactions occur, these relate to the name and job title of one official, and the supplier of the legal advice. Redactions have been made in order to prevent a breach of rights under the Data Protection Act 2018.  

Read the legal advice received by the Commissioner in relation to this case.

Scottish Information Commissioner David Hamilton’s statement in response to the Scottish Government’s disclosure of legal advice, complying with Decision 193/2024:

“I welcome Scottish Government complying with my direction, albeit at the 11th hour.

“We have now learnt that Scottish Ministers were advised that prospects of winning this appeal were “not strong” and indeed diminished as advice developed. It is therefore frustrating to know that my scarce resources were absorbed in an appeal that advisers pointed out was not the one to test the particular legal argument being deployed.

“The applicant’s request for information to which this appeal related was delayed for two and a half years which is wholly unacceptable and as a result the substantive information initially requested still remains under investigation.

“I will be corresponding with the Permanent Secretary to share these and further concerns.”

FOI+202400394394+-+Information+Released+-+AnnexDownload

Consultation: The future of foster care

Consultation opens during Care Experience Week

People are being encouraged to share their views on plans for the future of foster care in Scotland.

The consultation, which will help ensure foster care is fit for the future, sets out proposals including more peer support opportunities, and using foster carers to facilitate family time with parents and siblings of children in foster care. The new approach could potentially offer an increased role for foster carers supporting families on the edge of care.

A national push to recruit more foster carers will also launch in 2025, with the aim of ensuring there are enough foster carers to support children in care.

Meeting foster carers earlier this week, First Minister John Swinney heard about the important role they play in supporting children and young people. Mr Swinney encouraged foster carers and children with care experience in particular to take part in the consultation.

Marking Care Experience Week, both the announcement of a new recruitment campaign next year and the consultation are key steps towards Keeping The Promise by delivering for care experienced children and young people.

Minister for Children, Young People and The Promise, Natalie Don-Innes, said: “We want Scotland to be the best place in the world to grow up. To do this we need to ensure that children and young people with care experience are given the support, love and nurture that they need.

“Foster carers have a key role to play in Keeping The Promise. The consultation is shaped by the honest and open reflections that have been shared by foster carers and children and young people with experience of foster care.

“I recognise some of the challenges facing foster care and that’s why along with the consultation, we will be launching a recruitment campaign for foster carers ensuring we can provide family-based care for those in need.”

Anne Currie, Assistant Director Scotland at the Fostering Network, said: “The Fostering Network is pleased the Scottish Government is launching a national consultation on fostering and is seeking the views of those most affected, foster carers and care experienced young people.

“We know urgent changes are needed to improve fostering and to Keep The Promise so all children and young people can grow up in stable, loving homes. It’s crucial that foster carers’ voices are heard, which is why we’re working with the government to host online and in-person engagement sessions to provide an opportunity to ensure their views are heard.

“Last year the number of fostering households in Scotland fell by 8%, so retention and recruitment of foster carers are more important than ever. We welcome plans to launch a national recruitment campaign and want to ensure current and former foster carers are involved in this as much as possible.”

The consultation will run until 6 February 2025.

New protections from sexual harassment come into force

Employers now have a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment

  • New duty under the Equality Act 2010 will require employers to take “reasonable steps” to prevent sexual harassment of their employees.
  • New guidance for employers on how they can protect their staff.
  • New measure comes into force as further legislation goes through Parliament to boost economic growth by tackling poor productivity, insecure work and broken industrial relations.

From Saturday 26 October, employees can expect their employers to take reasonable steps to protect them from sexual harassment as a new duty comes into force.

Employers now have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it. If sexual harassment has taken place, an employer should take action to stop it from happening again. This sends a clear signal to all employers that they must take reasonable preventative steps against sexual harassment, encourage cultural change where necessary, and reduce the likelihood of sexual harassment occurring.

Anneliese Dodds, Minister for Women and Equalities, said: “This government is determined to ensure that we not only Make Work Pay; we also make work safe.

“Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.

“The Equality Act provides legal protections against sexual harassment in the workplace. Despite this, persistent reports and revelations in recent years indicate that it remains a problem. So from today employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees.

“We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”

Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.

This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.

Swinney issues call for peace in the Middle East

One year since Israel’s invasion of Gaza

Marking a year since Israeli forces began their ground invasion of Gaza, First Minister John Swinney said: “The ongoing humanitarian catastrophe in Gaza is now entering its second year. The horror, suffering and killing we have watched unfold in Gaza in real-time, on such a devastating scale, has now spread across the region.

“The need for an immediate ceasefire in Gaza is at the heart of reaching wider peace in the Middle East, and we must see the unconditional release of all hostages.

“International recognition of the sovereign state of Palestine, as part of a two-state solution, is also a fundamental pillar upon which we can build lasting peace.

“There have been repeated breaches of international law and violations of human rights since the conflict began, and Israel must stop blocking essential humanitarian aid from reaching wounded and starving civilians who are surviving in nightmarish conditions.

“I repeat the Scottish Government’s calls for an end to all UK arms sales to Israel.

“Tens of thousands of lives have been lost, and millions more have been directly affected by this catastrophe.

“I stand with our communities in Scotland who have lost loves ones and face the daily torment of not knowing if their family members will make it through the day.”

Manhatta Edinburgh is now OPEN

The wait is over! Manahatta, the stylish bar and restaurant inspired by the glitz and glamour of New York City, is now officially open in Edinburgh. Located in the heart of the city centre, Manahatta brings a vibrant blend of cocktails, dining, and nightlife to Scotland’s capital.

The new venue on Rose Street showcases a stunning interior that blends modern aesthetics with glamorous touches that are designed to transport guests straight to the Big Apple. From the chic décor to indulgent food and drink menus, Manahatta is the perfect destination whether you’re looking for a lively brunch experience or a glam night out. The Edinburgh location will also debut an unforgettable ‘LIVE & LOUD Piano Night’ every Thursday where guests can enjoy live music, request songs and dance the night away.

When it comes to drinks, there is something for everyone, with £7 cocktails from Monday to Thursday and a menu brimming with endless options including the Diamonds are Forever sharer – a delicious mix of Bacardí Carta Blanca, watermelon, kiwi, cranberry, apple, and lime, served in a giant sparkling diamond, plus other signature drinks from the Six in The City collection.

As well as a selection of carefully created cocktails, prepare to feast on a variety of dishes made with fresh, locally-sourced ingredients. From the NY Club Bagel and Karaage Chicken Bowl to the delectable Bao Buns and famed Steak Frites, there’s something to satisfy every palate.

Manahatta’s legendary Boozy Brunch has also arrived in Edinburgh, and it’s not to be missed! Running until 8pm daily, this brunch bonanza includes six delightful drinks and dishes from the main menu, serving up the perfect mix of relaxation and excitement. It’s the ultimate way to unwind, sing, dance, and soak up the vibrant atmosphere.

Set across two floors the impressive new venue boasts art deco-inspired bars and bold lighting that channels New York realness. A stunning mirrored disco ball, reminiscent of Times Square’s famous ball drop, adds a touch of glamour and an elevated DJ booth looks over the sprawling dancefloor – setting the perfect scene for chic gatherings and unforgettable parties.

Manahatta Edinburgh is open seven days a week, with both dining and late-night options available. Bookings are now open, and reservations can be made via the official website or by calling the venue.

For more information, please visit: https://www.manahatta.co.uk/bars/edinburgh or follow Manahatta on social media @manahattauk.

Martin Wolstencroft, CEO, Arc Inspirations said: “We are over the moon that our first official site in Scotland is now open and what better place to get the party started than in Edinburgh – the capital city.

“Manahatta is more than just a cocktail bar; it’s a place to gather, celebrate, and enjoy great food and drinks in a lively atmosphere. We can’t wait to welcome Edinburgh locals and visitors to newest spot in town.”

Chancellor to ‘unlock housing’ in first Budget next week

  • Thousands of new affordable homes set to be delivered in England through £500 million boost to the Affordable Homes Programme – bringing total investment in housing supply to over £5 billion.
  • Council housing stock in England protected by reductions to Right to Buy discounts and a consultation on new long-term social housing rent settlement.
  • Councils also able to keep 100% of the receipts from sales to scale-up delivery of much needed social housing.
  • £128 million funding injection for other housing projects to transform Liverpool’s central docks, build more energy efficient homes and clean up rivers to unlock up to 28,000 new builds.

The Budget will deliver more affordable housing, ensure social housing is available for those who need it and turbocharge the delivery of 1.5 million homes as the Chancellor commits to rebuilding Britain.

A housing package announced today will deliver up to 5,000 new affordable social homes with £500 million in new funding for the Affordable Homes Programme – bringing total investment in housing supply to over £5 billion – and supporting the delivery of 33,000 new homes through £128 million for housing projects across the country.   

Meanwhile, the stock of social housing will be increased through a new 5-year social housing rent settlement that will give the sector more long-term certainty on funding and allow them to invest in tens of thousands of new homes.

The existing stock will also be protected by reducing Right to Buy discounts so that thousands more council homes remain in the sector.

Chancellor of the Exchequer, Rachel Reeves said: “We need to fix the housing crisis in this country. It’s created a generation locked out of the property market, torn apart communities and put the brakes on economic growth.

“We are rebuilding Britain by ramping up housebuilding and delivering the 1.5 million new homes we so badly need”.

Deputy Prime Minister Angela Rayner said: “We have inherited a housing system which is broken, with not enough homes being built and even fewer that families can afford.

“This is a further significant step in our plan to get Britain building again, backing the sector, so they can help us deliver a social and affordable housing boom, supporting millions of people up and down the country into a safe, affordable and decent home they can be proud of.”

The £500 million to deliver thousands of new social and affordable homes is a top-up to the existing Affordable Homes Programme and comes ahead of the Government’s Housing Strategy due in the Spring.

The Government will set out details of new investment to succeed the 2021-26 Affordable Homes Programme at the Spending Review. This will lay the foundations for the manifesto commitment to deliver the biggest increase in social and affordable housebuilding in a generation, and to support councils and housing associations to build their capacity and make a greater contribution to affordable housing supply.

It will deliver a mix of homes for sub-market rent and home-ownership, with a particular focus on delivering homes for Social Rent.

The Government will also consult on a new 5-year social housing rent settlement, which caps the rents social housing providers can charge their tenants, to provide the sector with the certainty it needs to invest in new social housing.

The intention would be for this to increase with Consumer Price Index inflation figures and an additional 1%. The consultation will also seek views on other potential options to give greater certainty, such as providing a 10-year settlement. 

These measures to increase affordable housing come alongside changes to the Right to Buy scheme, which will protect existing social housing stock to meet housing need and deliver a fairer and more sustainable scheme.

England’s existing social housing supply is depleted every year by the scheme while also disincentivising councils to build new social housing.

Discounts will be reduced alongside greater protections for newly-built social housing and councils will be able to keep 100% of the receipts generated by a Right to Buy sale. This will enable councils to scale-up delivery of much needed social housing whilst still enabling longstanding tenants to buy their own homes.

The £128 million will support the delivery of new housing projects – including up to 28,000 new builds currently blocked by river pollution – cleaning up our rivers in the process – 3,000 energy efficient homes across the country and 2,000 new homes in North Liverpool.

Meanwhile the £56 million investment at Liverpool Central Docks will also deliver office, retail, leisure and hotel facilities alongside the new homes. As well as demonstrating our brownfield-first approach, it will transform Liverpool’s former docklands into a thriving waterfront neighbourhood. 

Kate Henderson, Chief Executive of the National Housing Federation, says: “We strongly welcome the £500m top-up to the affordable homes programme. This vital injection of funding, which we’ve been urgently calling for, will support housing associations to continue to deliver much needed affordable homes in the immediate term and prevent a collapse in delivery.

“We share the government’s ambition to build 1.5million homes over this parliament and stand ready to deliver the social homes needed, which is why we welcome a consultation on a new rent settlement.  This will provide both transparency for residents and long term certainty and financial stability for social housing providers. We also support the government’s decision to review right to buy discounts.

“To achieve the affordable homes needed across the country, alongside this short term top-up, we look forward to a new long term housing strategy announced at the next spending review, including a significant boost in funding for social housing.”

Appeal after man injured following disturbance on Rannoch Road

Detectives are appealing for information after a man was injured following a disturbance in the Clermiston area last night (Friday, 25 October, 2024).

Around 10.50pm, officers were called to Rannoch Road where a 23-year-old man was found injured.

He was taken to the Royal Infirmary of Edinburgh where he is being treated for a laceration.

Enquiries are also ongoing to trace a second man who may have received a minor injury during this disturbance.

Detective Sergeant Jen Hughes said: “Our enquiries are ongoing to establish the full circumstances surrounding this incident and trace everyone involved.

“If you were in the Rannoch Road area around the time of the incident on Friday night and you haven’t yet spoken to police, I urge you to contact us.

“I would also ask anyone who was driving in the area and has dashcam footage or if you have any personal footage that may assist our investigation to please come forward.”

Anyone with information should contact 101 quoting reference number 4488 of 25 October. Alternatively Crimestoppers can be contacted on 0800 555 111, where anonymity can be maintained.

“Scrap charity lottery sales cap” – Social Justice Secretary

UK Government urged to remove limit on funds raised for good causes

Social Justice Secretary Shirley-Anne Somerville has written to Secretary of State for Culture, Media and Sport Lisa Nandy to urge the UK Government to remove the cap on charity lottery sales.

Charity lotteries raise money for local, national and international good causes through their ticket sales. However, the current sales cap means that charities can raise no more than £50m for these causes per year.

Ms Somerville said: ““As the difficult economic climate has made it harder for charities to raise funds, while also increasing the need of the communities they serve, the cap on charity lottery sales is only serving to restrict the positive impact they could have in raising money for good causes.

“The UK Government should undertake a review of the cap and consider the huge difference that lifting it could bring to lives and communities across the country.”

People’s Postcode Lottery Managing Director, Clara Govier, said: “The charity lottery sales limits are causing increasing difficulties for charity fundraising at a time when charities need these vital funds to respond to the impact of the cost-of-living crisis.

“Charity lotteries exist to benefit society, yet have sales limits in place which do not apply to any other type of gambling product, and ultimately make raising funds for charity more difficult.

“Removing them would cost the Treasury nothing but benefit many charities. We welcome the Scottish Government’s call for these outdated sales limits to be removed, and urge the UK Government to take action.”

The full text of the Social Justice Secretary’s letter: 

Charity lottery sales limits: Letter to UK Government – gov.scot (www.gov.scot)

State of Care report reveals a social care catastrophe

State of Care report reveals a social care catastrophe, with thousands of older people being put at risk of abuse and neglect

Hourglass, the only UK-wide charity dedicated to calling time on the abuse, harm and exploitation of older people, is raising concerns of a social care catastrophe following the release of the CQC’s State of Care report.  

The report reveals a shocking level of discontent among care staff in the UK due to inadequate training, high staff turnover and vacancy rates. The report reveals that by the end of 2023/24 over a quarter of staff in care homes have left their roles, with vacancy rates three times higher than the wider economy.
 
A GMB Union survey shows that 70% of social care workers say understaffing is negatively affecting their mental health in addition to increasing rates of care workers neglecting themselves.
 
The charity warns that this level of dissatisfaction among care staff is a huge risk factor for the abuse and neglect of older people and raises deep concerns over the future of the care sector.
 
Hourglass also warns of troubling reports from the CQC regarding a lack of understanding of older people with dementia. Ineffective support, poor training and a lack of specialist care results in increased risk of abuse.

The report notes from an anonymous source that:

“The people treating him didn’t know how to communicate and shouted at him about causing distress. I intervened on several occasions. We were left for long periods of time with no explanations.”



With an extra nine million older people, a population the size of London, set to populate the UK by 2050, Hourglass is calling on the UK government to prioritise reform of the social care sector to protect this ageing population from abuse, neglect and exploitation.

The charity is encouraging everyone to support their Older Age, Tomorrow’s Hope campaign, which calls on the general public, third sector leaders, care professionals and businesses to sign up and support a Safer Ageing Society by 2050. 

The charity is urging those keen to support the charity to donate by visiting www.wearehourglass.org.uk/donate or Text SAFER to 70460 to donate £10.

Texts cost £10 plus one standard rate message and you’ll be opting in to hear more about our work and fundraising via telephone and SMS.

If you’d like to give £10 but do not wish to receive marketing communications, text SAFERNOINFO to 70460.

Drug dealer jailed for offences committed in prison

A 34-year-old man has been jailed for organised crime offences whilst in prison.

Christopher Smith was sentenced at the High Court in Livingston on Thursday (24 October) after pleading guilty to organising the supply of controlled drugs.

Smith’s offences occured at HMP Edinburgh and at addresses across Edinburgh, Inverness and Nairn between March 2018 and November 2019.

He will now spend seven years and five months in prison.

He was also issued with a Serious Crime Prevention Order, which will last for three years, to help prevent him returning to crime when he is released from jail.

Detective Inspector Angus Morrison said: “This conviction and sentencing highlights our ongoing commitment to disrupting the illegal and harmful supply of illegal drugs in our communities.

“I hope it sends a message to those involved in serious and organised crime that you will be caught and you will face the consequences.

“There is no place for this type of criminality in our communities. Such operations underline our commitment to the Serious Organised Crime Taskforce and the country’s Serious Organised Crime Strategy. We will continue to work with partner agencies to tackle this issue and make our communities safer.

“Information from the public is absolutely crucial to our work and we would continue to urge anyone with knowledge or concerns about drugs activity in their area to contact Police Scotland on 101.

“Alternatively, contact Crimestoppers anonymously on 0800 555 111.”