Scottish Ministers (Draft independence referendum Bill) [2025] ScotIC 003_2025 (14 January 2025)
The Commissioner found that while some information could be lawfully withheld under the claimed exemptions, other information should be disclosed as the public interest in transparency outweighed the reasons for withholding.
- Citation
- [2025] ScotIC 003_2025
- Parties
- Applicant: Scottish Ministers
- Jurisdiction
- Scotland
- Judgment Date
- 14 January 2025
- Procedural Posture
- Freedom of Information Appeal / Decision
- Outcome
- Partially upheld
- Legal Topics
- Freedom of Information, Referendum Legislation, Government Transparency
Case Brief
Summary, issues, holding and outcome
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Parties
Scottish Ministers
Applicant
Procedural Posture
Freedom of Information Appeal / Decision
Legal Issues
- 1 Whether information relating to the draft independence referendum Bill should be disclosed under Freedom of Information legislation
Ratio Decidendi
The Commissioner found that while some information could be lawfully withheld under the claimed exemptions, other information should be disclosed as the public interest in transparency outweighed the reasons for withholding.
Court Disposition
Partially upheld
Orders
- Scottish Ministers must disclose the specified information as directed by the Commissioner
- Scottish Ministers may withhold information covered by valid exemptions
Full Case Text
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