Correspondence of Neil Gray meetings with the Fringe Society and Historic Scotland: FOI release

Information requested

1. All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meetings:

a) Neil Gray's meeting with the Fringe Society on September 22

b) Neil Gray's meeting with Historic Environment Scotland on September 29, 2022

Response

Regarding 1a), please find a copy of the briefing enclosed (Document 1) for the meeting between Neil Gray MSP, Minister for Culture, Europe and International Development and Minister with special responsibility for Refugees from Ukraine, and Edinburgh Festival Fringe Society (EFFS) on 22 September 2022. I would also like to draw your attention to the published note of this meeting, which is available on the Scottish Government webpage at https://www.gov.scot/publications/foi-202200322587/

Regarding 1b), please find a copy of the briefing and meeting notes enclosed (Documents 2 and 3) for the meeting between Neil Gray MSP, Minister for Culture, Europe and International Development and Minister with special responsibility for Refugees from Ukraine, and Historic Environment Scotland (HES) on 29 September 2022. For the avoidance of doubt, this meeting extended beyond the scheduled time and the Minister left before item 3 on the Agenda was discussed.

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 exemptions under section 29(1)(a), 30(b), section 33(1)(b), and section 38(1)(b) of FOISA apply to that information.

Exemptions

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

An exemption under section 30(b) (free and frank provision of advice or exchange of views) of FOISA applies to some of the information you have requested. This is designed to avoid the release of any information held on HES that would, or would be likely to, inhibit substantially the free and frank provision of advice if it were released. 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.

An exemption under section 33(1)(b) (substantial prejudice to commercial interests) of FOISA applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the parties involved. 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 recognise that there is a public interest in disclosing information as part of open and transparent government. However, we have found that on balance, the public interest lies in favour of upholding the exemption.

An exemption under section 38(1)(b) (personal data of a third party) of FOISA applies to some of the information you have requested, as disclosure would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation. The Scottish Government has a policy of not disclosing the personal data of officials who are not senior civil servants. This exemption means that the names and contact details of officials in Documents 1, 2, and 3 have been redacted. Additionally, we have redacted information in Documents 2 and 3 that would lead to individuals outside of the Scottish Government being identified. 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 - 202300338441 - Document 1-3

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