Correspondence with the Scottish Qualifications Authority between the 24th May 2021-3rd June 2021: FOI release

Information requested

All correspondence between the Scottish Government (including Ministers, officials and special advisors), with the Scottish Qualifications Authority between the 24th May 2021 - 3rd June 2021.

Response

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

While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption applies under:

• Section 30(b)(i) of FOISA (Free and frank provision of advice)
• Section 30(b)(ii) of FOISA (Free and frank exchange of views)
• Section 30(c) of FOISA (Prejudice to effective conduct of public affairs).
• Section 38(i)(b) of FOISA (Personal data)
• Section 25(i) of FOISA (Information publicly available)

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice in relation to your request will substantially inhibit the provision of such advice in the future.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to exchange views in an open way whilst deliberating sensitive policy issues relating to your request, and would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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 full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken.

In this case, this also applies to free and frank exchange of views where there is a greater public interest in ensuring that free and frank views can be exchanged in sensitive discussions around ongoing policy related discussions and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested.

This exemption has been applied to operational documents where disclosing this information would be prejudicial to the operational delivery of qualifications.

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, transparent and accountable government. However, there is a greater public interest in delivering the certification of National Qualifications for young people in Scotland and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

Some of the information you have requested is available from the Scottish Government webiste (www.gov.scot). More specific links have been provided in the enclosures. 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.

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. names and contact details, 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.

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 - 202100208945 - Annex A

File type

156 page PDF

File size

1.8 MB