Cabinet Secretary briefing Rural Affairs and Islands Committee: FOI release

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


Information requested

The briefing prepared for the Cabinet Secretary, Mairi Gougeon, for her appearance before the Rural Affairs and Islands Committee on 24 May 2023.

Response

I enclose a copy of some of the information you requested.

Exceptions under sections 25(1), 30(b)(i), 33(1)(b) and 38(1)(b) of FOISA applies to some of the information you have requested.

25(1) – Information otherwise accessible

The information redacted under this exception relates to the Cabinet Secretary's opening speech and is already in the public domain. It can be accessed via the recording of the committee, available this link: Rural Affairs and Islands Committee | Scottish Parliament TV

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception because there is no public interest in releasing the same information into the public domain twice.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again.

30(b)(i) - Free and frank provision of advice

Information redacted under this exception relates to advice provided to ministers by officials.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. 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 debate and lines to take. It is clearly in the public interest that Ministers can properly 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.

33(1)(b) – Commercial interests

The information redacted under this exception relates to sensitive financial information about the current funding situation of an organisation.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. Disclosure of the data represents material which will prejudice substantially the commercial interests of this organisation. Releasing the material, in this manner, would result in data round their funding situation being in the public domain in an unmanaged manner.

38(1)(b) – Personal data relating to a third party

The information redacted under this exception relates to the names of supporting officials. This exception is not subject to the public interest test.

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 - 202300358875 - Information release

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

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