Publication - FOI/EIR release

Proposed redress scheme for victims of child abuse: FOI release

Published: 8 Mar 2019

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
8 Mar 2019
Proposed redress scheme for victims of child abuse: FOI release
FOI reference: FOI/19/00435
Date received: 8 Feb 2019
Date responded: 6 Mar 2019
Information requested

 

In relation to compensation for victims of child abuse or the proposed redress scheme, please provide details of what meetings Scottish Government officials have held with providers of care relating to this. For each meeting please outline when it occurred, who it involved, where it occured and supply the minutes of what was discussed. In particular, supply details of what - if any - financial contributions were to be made by care providers.

Response

 

I enclose a copy of some of the correspondence you requested however a number of exemptions apply to some of the information as follows:

 An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on a statutory redress scheme.

 An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some the information requested. It is essential for officials to be able to communicate and meet, often in confidence, with external stakeholders on a range of issues, including discussions with care providers in relation to contributing to the statutory redress scheme.

An exemption under section 38(1)(b) (personal data) applies to some of the information. Personal information including names and contact details have been redacted.

 

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have 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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on contributions by care providers to the statutory redress scheme will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some the information requested.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have 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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate and meet with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on the statutory redress scheme until the Government as a whole can adopt a policy that is sound and likely to be effective.

An exemption under section 38(1)(b) (personal data) applies.

This exemption applies because the information is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

foi-19-00435 Information requested

8 page PDF
394.3 kB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG