Safer Communities Directorate Police Powers Unit
T: 0131-244-2355 E: mathew.west@scotland.gsi.gov.uk
T Johnson Via email
___ Our ref: FOI/13/00538 26 April 2013
Dear T Johnson
Thank you for your email dated 5 April, in which you make a request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:
1) Information about the make, model and muzzle energy of the gun used in the fatal shooting of a child in Easterhouse in 2005; 2) Details of the number of meetings, those involved in said meetings and the minutes of meetings regarding the Scottish Firearms Consultative Panel (SFCP); 3) Information regarding land that provides a safe shooting ground that is as accessible as a member of the public’s own garden, or clubs that offer open access to the general public; and 4) Details of any ranges that people can freely rent similar to other countries, in the central belt area of Scotland.
In relation to your request number 1), I have assumed that you are referring specifically to the death of Andrew Morton. Following a search of our paper and electronic records, I have established that the information you have requested is not held by the Scottish Government. You may wish to contact either the police or Procurator Fiscal Service, who may be able to provide this information. Contact details for Police Scotland can be found online at www.scotland.police.uk/access-to-information/freedom-of-information/, and for the Crown Office and Procurator Fiscal Service at www.crownoffice.gov.uk/FOI/Freedom-Information- and-Environmental-Information-Regulations.
Regarding request number 2), information regarding the number of meetings and membership of the SFCP is already publically available via the following page of the Scottish Government website: www.scotland.gov.uk/Topics/Justice/crimes/Firearms/governmentaction/airweaponlicensing. Under section 25(1) of FOISA, we are not required to provide information in response to a request if it is already reasonably accessible to you. If you are unable to access this website to obtain this information, then please contact me again and I will arrange to provide it in hard copy.
St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk
In relation to the minutes of SFCP meetings, I must advise you that this information is exempt from release under sections 29(1)(a) and 30(b)(ii) of FOISA. Section 29(1)(a) refers to formulation of Scottish Government policy, and section 30(b)(ii) refers to free and frank exchange of views for the purposes of deliberation.
The SFCP brings together a range of views from across the pro- and anti- firearm lobbies and it is essential that members are able to share their views with candour and frankness. Publishing the minutes of the SFCP may deter Panel members from sharing their views freely and frankly at any future meetings, and that this may in turn negatively impact on the quality of advice that is provided to Ministers.
As these exemptions are conditional we have applied the ‘public interest test’. This means we have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise that there is an argument for release because of the public interest generated by the work of the Panel, this is outweighed by the public interest in ensuring that Panel members are able to exchange their views freely and frankly as set out above.
Regarding your request number 3), I am unable to provide specific information in response to this request, because the Scottish Government has not yet set out any firm definition of land that would be considered suitable for use shooting air weapons under a licensing system. The consultation paper ‘Proposals for Licensing Air Weapons in Scotland’ set out our intentions in this area at a high level. We are now considering all of the responses to the public consultation as we develop more detailed proposals for legislation.
In relation to request number 4), the Scottish Government does not hold the requested information. The following webpage contains links to websites of organisations that might be able to help you find a suitable venue: www.scotland.gov.uk/Topics/Justice/crimes/Firearms/safeshooting/wheretoshoot. I would also suggest that you may wish to contact your local police firearms department, who will be able to offer practical advice about safe shooting with airguns and other firearms.
If you are unhappy with this response to your request, you may ask us to carry out an internal review, by writing to Leslie Evans, Director-General for Learning and Justice, 1W St Andrew’s House, Regent Road, Edinburgh, EH1 3DG. Your request should explain why you wish a review to be carried out, and should be made within 40 working days of receipt of this letter, and we will reply within 20 working days of receipt. If you are not satisfied with the result of the review, you then have the right to make a formal complaint to the Scottish Information Commissioner.
Yours sincerely
Mathew West Police Powers Unit
St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.scotland.gov.uk