Response

Appendix 1 - “If Asked” Media Lines
Appendix 2 – Extract from Chair’s briefing note for SPA Board meeting
Appendix 3 – Email re Chief Constable Complaints

The Authority considered that a file note summarising the matter is exempt in terms of the Act. This forms part of personnel files which to disclose would be a breach of confidence.

This exemption is absolute and does not require the application of the public interest test. Whilst you may have a legitimate interest in disclosure of this information, it is our view that those interests are overridden by the rights of employees and office holders to confidential discussions in respect of their employment.

However, in terms of our duty to assist, information in relation to this matter was reported to the Authority meeting of 30 November in public and in response to media enquiries.

The Authority also considered a further file note exempt in terms of the Act. This note captures advice to the Authority’s Chair in considering this matter. This is a non-absolute exemption and requires application of the public interest test.

Disclosure could contribute to transparency and allow scrutiny of the approach adopted. However, protecting the methods by which Authority officers provide free and frank advice is essential to ensure robust decision making. In addition, the outcome was reported to the Authority meeting of 30 November both supporting scrutiny and addressing the public interest in this matter. On balance, our conclusion is that maintaining the exemption outweighs that of disclosure.

In terms of concerns or complaints received in relation to the Chief Constable’s journey from Edinburgh to Northumberland. We can confirm that as of 11 December 2023 the Authority received eight complaints.

The Authority considers complainers’ details, and their complaints exempt in terms of the Act. The Authority received this information from third parties in respect of its statutory complaints duties. To disclose this information would be a breach of confidence. This exemption is absolute and does not require the application of the public interest test. The Authority considers that speaking to the matter at a public meeting of the Authority addresses the public interest. Any complaints raised have been responded to directly.

We have provided information held concerning a passenger at Appendix 1. Some information held as part of a file note is considered exempt in terms of the Act as this is third party data.

This exemption is absolute and does not require the application of the public interest test. Whilst you may have a legitimate interest in disclosure of this information, it is our view that those interests are overridden by the interests or fundamental rights and freedoms of the data subjects. We have disclosed the purpose of the passenger’s visit at Appendix 1.