Ref No.: 14 23
Request Type: FOI
Date Received: 27/12/23
Date Responded: 26/01/24
Category: CEO Resignation
Request
All correspondence, including internal correspondence, between the WICS and the Scottish Government, regarding the resignation of Alan Sutherland, from between December 1 2023 until the date of this FOI.
Response
Thank you for your request for information dated 27 December 2023.
Your request was for:
All correspondence, including internal correspondence, between the WICS and the Scottish Government, regarding the resignation of Alan Sutherland, from between December 1 2023 until the date of this FOI.
We disclose the attached information to you in response to your request. Some of this information has been redacted or withheld in its entirety under the following exemptions within the Freedom of Information (Scotland) Act (FOISA):
- Prejudice to effective conduct of public affairs – section 30(c) as disclosure at this time would inhibit the ability to conclude some administrative matters relating to the resignation;
- Information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings – section 36(1); and
- Personal information – section 38(1)(b) in conjunction with section 38(2A)(a) as the information constitutes personal data and to disclose the information would breach one or more of the data protection principles. In this case it has been decided that disclosure would be a breach of the first principle as the information cannot be disclosed lawfully. This is an absolute exemption and does not require consideration of the public interest.
The use of the exemptions at sections 30 and 36 require consideration of the public interest and in this case and at this time, it has been decided that the public interest is in withholding the information. While it is recognised that there is a public interest in the resignation of WICS’ former Chief Executive, it is essential that all associated processes can be properly and appropriately managed to their conclusion. It has been decided that to disclose at this time will affect due process and therefore the public interest is in withholding the information.
If you are dissatisfied with the way in which we have dealt with your request, you are entitled to request a review of our actions and decisions in relation to this request.
Please note that in order for a review to take place, you must:
- Lodge a written “requirement for review” within 40 working days of the date of this response;
- Include your address for correspondence, a description of the original request and the reasons why you are dissatisfied; and
- Address the review request to:
Review Officer
Water Industry Commission for Scotland
First Floor
Moray House
Stirling
FK8 1QZ
The review will be handled by a member of staff who was not involved in the original decision. You will receive notice of the result of your review within 20 working days of us receiving your request for review.
If you are dissatisfied with the decision that we issue once the review has been completed or if we fail to carry out a review, you are entitled to apply for a decision by the Scottish Information Commissioner and thereafter to the Court of Session on a point of law only.
Applications for to the Scottish Information Commissioner Decision must:
- Be in writing or other permanent form;
- Contain your name and address for correspondence;
- Specify the request for information to which the application relates;
- Specify the particulars of your reasons(s) for the application; and
- Specify the particulars of your dissatisfaction of the review outcome.
The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
E-mail: enquiries@itspublicknowledge.info