Answer given by the Minister for Green Skills, Circular Economy and Biodiversity on 15 November 2022: FOI release

Information requested

1. A copy of any information, briefing notes and top lines provided to the Minister for Green Skills, Circular Economy and Biodiversity in order to answer S6T-00960 asked by Liam Kerr MSP in the Chamber on 15th November 2022.
2. A copy of all documents, including all correspondence involving ministers, Special Advisors and the media office, around a) the creation of these notes for the Minister and b) the Government’s decision for the Minister for Green Skills, Circular Economy and Biodiversity to answer the topical questions and the supplementary questions.
3. A copy of all documents which discuss the Government being made aware of the issue around the incorrect figure that Scotland has 25% of Europe’s offshore wind potential on 8th November 2022, including all correspondence involving ministers, Special Advisors and the media office.

Response

I enclose a copy of some of the information you requested in the attached PDF document.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because of exemptions under section(s) s.30b (free and frank provision of advice or exchange of views) and s.38(1)(b) (personal information) of FOISA applies to that information. The reason why these exemptions apply are explained below.

An exemption under section s.38(1)(b) (personal information)of FOISA applies to some of the information you have requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception 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 exception.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final Scottish Parliamentary Question (SPQ) answer, press lines and lines to take are used. Disclosing the content of free and frank briefing material on Topical Question S6T-00960 will substantially inhibit such briefing in the future, particularly because discussions on the issue are still ongoing and final decisions have not been taken.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 a private space within which officials can provide free and frank advice and views to Ministers in briefing for SPQ answers, press lines and lines to take. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

 

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.

202200330327 - Correspondence for release

File type

34 page PDF

File size

653.2 kB