OFFICIAL

Our Ref: IM-FOI-2020-1759 Date: 5 November 2020

FREEDOM OF INFORMATION () ACT 2002

I refer to your recent request for information which has been handled in accordance with the Freedom of Information (Scotland) Act 2002.

For ease of reference, your request is replicated below together with the response.

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. https://www.bbc.co.uk/news/uk-scotland-54379026 https://www.theguardian.com/politics/2020/oct/06/mp-margaret-ferrier-attended- church-the-day-after-covid-test

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?

In responding to this request, I must first of all advise you that the Freedom of Information (Scotland) Act 2002 provides a right of access to recorded information held at the time of the request.

In that regard, I must advise you that at the time of your request, the Metropolitan Police and British Transport police were the organisations involved and section 17 of the Act, information not held, applies.

To be of assistance however, I can further advise that following the decision taken by the Metropolitan Police Service, Police Scotland are now assessing the circumstances in consultation with the Crown Office and Procurator Fiscal Service.

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

If you are dissatisfied with the way in which Police Scotland has dealt with your request, you are entitled, in the first instance, to request a review of our actions and decisions.

Your request must specify the matter which gives rise to your dissatisfaction and it must be submitted within 40 working days of receiving this response - either by email to [email protected] or by post to Information Management (Disclosure), Police Scotland, Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH.

If you remain dissatisfied following the outcome of that 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.

As part of our commitment to demonstrate openness and transparency in respect of the information we hold, an anonymised version of this response will be posted to the Police Scotland Freedom of Information Disclosure Log in seven days' time.

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