Publication - FOI/EIR release

International Council of Education Advisers Report 2016-2018: FOI release

Published: 24 July 2018
Directorate: Learning Directorate
Topic: Education, Public sector

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

FOI reference: FOI/18/01768
Date received: 26 June 2018
Date responded: 24 July 2018

Information requested

1. The date the Scottish Government received the International Council of Education Advisers Report 2016-2018.

2. Any emails or other internal correspondence, or correspondence with the Council of Advisers, in relation to the publication of this report.

3. The first draft of the report.

Response

The date the Scottish Government received the International Council of Education Advisers' Report 2016-2018.

The Scottish Government received the final draft version of the International Council of Education Advisers' Report 2016-2018 on Friday 8 June 2018.

Any emails or other internal correspondence, or correspondence with the Council of Advisers, in relation to the publication of this report.

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 25(1) information otherwise accessible; section 30(b)(i) free and frank provision of advice; section 30(b)(ii) free and frank exchange of views for the purposes of deliberation; and sections 38(1)(b) personal information, applies to that information. The reasons why these exemptions apply are explained below.

Having considered all relevant information I have attached a pdf file with all available information included.

The first draft of the report.

A copy of the draft report of 19 May and an updated draft of 31 May is attached.

Reasons for not providing information

An exemption under section 25(1) of FOISA applies to some of the information requested – Information otherwise accessible. As this information is already in the public domain, we are not required to provide it.

Exemptions under sections 30(b)(i) free and frank provision of advice and section 30(b)(ii) free and frank exchange of views for the purposes of deliberation of FOISA also applies to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. These exemptions recognise the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. 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 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, 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 until the Government as a whole can adopt a decision that is sound and likely to be effective. 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. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.

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