Correspondence regarding the ongoing restructure of the Social Security Programme's User-centred Design (UCD) team: FOI release

Information requested

1. All emails and Teams messages to and from Julie Mclean regarding the ongoing restructure of the Social Security Programme's User-centred Design (UCD) team. In particular all emails and Teams messages regarding this topic from Julie to Francesca Pagnacco and Steven Kyle
2. Any business case or project plan for the aforementioned restructure/change project
3. Minutes from any meetings held between Julie Mclean and Scottish Government union representatives regarding this restructure/change project

Please acknowledge receipt of this email. If this request is too broad I am happy for it to broken into multiple requests. I can also narrow my request if required.

Response

Regarding questions 2 and 3 of your request, we do not hold the information requested. There is no business case. This is an internal organisational change; a business case or project plan would not be necessary or appropriate. The discussions with Trade Union were not recorded in writing. Regarding point 1, I enclose some of the information requested. 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 apply to that information under FOISA sections:

• Section 38(1)(b) - personal information
• Section 30(b)(i) – free and frank provision of advice
• Section 30(b)(ii) – free and frank exchange of views
• Section 33(1)(b) – commercial interests

The reasons why these exemptions apply are explained below.

An exemption applies under section 38(1)(b) – personal data relating to a third party

An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names and contact details of individuals, 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 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.

An exemption under Section 30(b)(i) and Section 30(b)(ii)

An exemption under sections 30(b)(i) (Free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views for the purpose of deliberation) of FOISA applies to some the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views and provision of advice.

This exemption is subject to the ‘public interest test’. 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 protecting the ability of Social Security Programme officials to conduct aspects of their operations effectively by maintaining a private space to hold discussions and take advice on internal team reorganisation. They need full and candid discussion and advice from officials to enable them to do so. Disclosure of this type of information could impact negatively on policies and operations of the Social Security Programme and ultimately Scottish Government.

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) commercial interests

An exemption under section 33(1)(b) of FOISA (commercial interests) also applies to that same element of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice contractors seeking contracts with the Scottish Government. If individual contractor rates were known, this could lead to some contractors increasing their proposed day rates while others may undercut their competitors to secure contracts. 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of the Scottish Government and the companies which tender for Scottish Government contracts, to ensure that there is fair competition between contractors and we are always able to obtain the best value for public money.

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.

Email correspondence

File type

17 page PDF

File size

345.3 kB

SMT UCD update

File type

7 page PDF

File size

78.6 kB