The Scottish Prison Service (SPS) is abusing Freedom of Information legislation in a bid to conceal documents that could be instrumental in closing Noranside open prison, the Scottish Liberal Democrats’ justice spokesman says.
Robert Brown, a supporter of the Angus prison, said the decision not to release the information to The Courier via the Freedom of Information (Scotland) Act was “outrageous” and rejected the SPS’s argument that it was in the public interest to keep such files private until a decision on the estate is taken after the Scottish elections in May.
Mr Brown also supports the newspaper’s request that SPS chief executive John Ewing carry out an internal review into the ruling.
Proposals to close Noranside and transfer its inmates to Castle Huntly caused a national outcry when they were announced last year just weeks after the Scottish Government had dismissed such speculation as “groundless.” It has been running under capacity for several years, after criteria governing which offenders are eligible for open conditions was tightened after Robert Foye absconded from Castle Huntly in 2007 and raped a schoolgirl in Lanarkshire while on the run.
In response to the plans, The Courier asked the SPS on December 28 for any documents from 2007 onwards that advised the closure of Noranside; also the minutes of any meetings at which its capacity and future were discussed; and a copy of any documents sent to the justice department outlining recommendations that Noranside was no longer viable.
A response came almost three months later in a letter from corporate affairs manager Martin Birrell, saying the information was exempt from Freedom of Information disclosure and it was in the public interest that the SPS could hold such discussions in private.
Mr Brown said, “The secretive approach of the SPS and the SNP Government is quite outrageous. The pretext that it is not in the public interest to release documents because policy is being formulated is a smokescreen.
“The reality is the SNP Government have a policy to close Noranside and they are now trying to justify it. It is an abuse of the Freedom of Information (Scotland) Act which Liberal Democrats pushed through the first session of the Scottish Parliament.
“FoI legislation is not there to protect government or officialdom but to allow the public to be informed on matters affecting them.”
The SPS also refused to issue consultation documents provided to relevant trade unions following the announcement and any guidance received from the Scottish Government regarding justice spending for this financial year.