OFFICIAL

Our Ref: IM-FOI-2020-1759 Date: 26 November 2020

FREEDOM OF INFORMATION () ACT 2002 - INTERNAL REVIEW

In accordance with section 20(1) of the Freedom of Information (Scotland) Act 2002, I understand that you have requested a review of the decision communicated to you on 5 November 2020 in respect of your original request for information, received 8 October 2020.

Original Request

There have been recent reports of the brazen breaches of the Covid 19 Emergency Regulations by Margaret Ferrier MP. These include travel to Westminster from , speaking in the House of Commons, return travel to Glasgow and attending a church service. All of these while experiencing symptoms of Covid 19 and then testing positive. [articles linked] Please provide information as follows:

1) What action has been taken in respect of the illegal acts committed by Ms Ferrier? 2) Has Ms Ferrier been interviewed? Was this under caution? 3) Up to now there have been no press reports of Ms Ferrier being arrested and charged with any offences. It is to be hoped that she will not fail to escape justice, let alone censure, for her crimes which put lives at risk. Please advise if are actively pursuing this matter with a view to seeking prosecution. 4) In view of the failures to act against other politicians who have breached Covid 19 Emergency Regulations, is it Police policy for these to be treated as above the law?

Request for Review

I am writing to request an internal review of Police Scotland's handling of my FOI request 'Brazen breaches of the Covid 19 Emergency Regulations by Margaret Ferrier MP'. Thank you for your response dated 5 November 2020. The Metropolitan Police are said not to be taking further action against Ms Ferrier: link This report states, "The case is now being examined by Police Scotland". It adds that, "Police Scotland said it would discuss the circumstances of the case and consult with the Crown Office and Procurator Fiscal Service "before taking a decision on next steps". Given that a number of the offences occurred in Scotland, the visit to church in Glasgow, entering Central Station, Glasgow, twice before and after travel and 2 train journeys from and to Glasgow, prima facie it seems that Police Scotland would have jurisdiction here. Please provide the information requested in each of the four questions put to you under the FOI Act.

scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL OFFICIAL

My role is to consider the response issued and determine whether or not your request was handled in accordance with the provisions of the Freedom of Information (Scotland) Act 2002.

As part of the review, I am also required to consider the quality of the administrative process applied to your request and I am pleased to record no deficiency in that regard.

In reviewing the response I have studied all documentation relevant to the request, including that which documents both the research carried out and the decision making process.

I would stress that FOI legislation extends to the provision of recorded information held at the time of the request.

As you were advised, the matter was being investigated - at that time - by British Transport Police and the Metropolitan Police Service and no information was held by Police Scotland in relation to questions one to three of your request as there was no Police Scotland investigation into the matter.

In relation to question four I can clarify that there is no Police Scotland policy in relation to politicians and the enforcement of COVID-19 related regulations/ legislation - again, section 17 of the Act applies.

Taking all of the above into account, I am satisfied that your request has been handled in accordance with the Freedom of Information (Scotland) Act 2002 and in terms of section 21(4)(a) of the Act, I uphold the original response and agree that section 17 of the Act was correctly applied.

To be of assistance, I can advise that Police Scotland have since submitted an initial assessment of the circumstances to the Crown Office and Procurator Fiscal Service and are carrying out further enquiries under their direction.

Should you require any further assistance concerning this matter please contact Information Management - Dundee quoting the reference number given.

If you remain dissatisfied following the outcome of this review, you are thereafter entitled to apply to the Office of the Scottish Information Commissioner within six months for a decision.

You can apply online, by email to [email protected] or by post to Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Should you wish to appeal against the Office of the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only.

scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL