Correspondence relating to Professor Lindsay Paterson from 1 January 2021 to 12 November 2021: FOI release

Information requested

All correspondence relating to Professor Lindsay Paterson from 1 January 2021 to date.

Response

I enclose a copy of some of the information you requested in the format you asked for.

Some of the information you have requested is available from:

• https://www.instituteforgovernment.org.uk/publications/devolved-public-services
• https://www.alexanderburnett.com/sites/www.alexanderburnett.com/files/2020- 09/Restore%20our%20schools.pdf
• https://consult.gov.scot/learning-directorate/independent-education-reform-review/consultation/view_respondent?show_all_questions=0&sort=submitted&order=ascending&_q__text=paterson&uuId=799458849
• https://www.eis.org.uk/Latest-News/EducationRecovery

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(s) listed, then please contact me again and I will send you a paper copy.

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 an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. This applies to the redacted information because it is the personal data of a third party, i.e. names/contact details of individuals.

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 s.30(b)(ii) (free and frank exchange of views) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of views. It recognises the need for officials to have a private space within which to provide free and frank views to Ministers before the Scottish Government reaches a settled public view.

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 some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing a private space within which officials can provide full and frank views to Ministers and other officials, as part of the process of exploring and refining the Government's position. Disclosure of the content of free and frank views will substantially inhibit the provision of such advice in the future.

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.

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