Publication - FOI/EIR release

Meeting between John Swinney and Scottish Council of Jewish Communities: FOI release

Published: 22 Nov 2018

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

Published:
22 Nov 2018
Meeting between John Swinney and Scottish Council of Jewish Communities: FOI release
FOI reference: FOI/18/03044  
Date received: 22 October 2018  
Date responded: 19 November 2018
 
Information requested
 
Any notes, agendas, minutes, and lists of attendees relating to the meeting between John Swinney MSP and the Scottish Council of Jewish Communities on 11th May 2017. This should include any letters, emails, briefings, and notes.
 
Response
 
I enclose a copy of the information you requested which I have attached in PDF form to this email. The release contains three sets of covering emails and briefing notes which have been provided in redacted form with this response.
While our aim is to provide information whenever possible, in this instance we are unable to provide a small amount of the information you have requested because exemptions under section 38(1)(b) or section 30(b)(ii) of FOISA applies to that information. The reasons why these exemptions apply are explained below.
 
Reasons for not providing information
 
An exemption under section 38(1)(b) (personal information) of FOISA applies to specific references within the various letters and emails contained in all three documents provided via the release because it is personal data of a third party, ie names/contact details or personal emails 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. Personal names and contact details have been redacted on this basis.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information contained in the letters made available within the annex of the briefing to Ministers dated 22 May 2017. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

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, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence.
 
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-18-03044 Documents 1 and 2

5 page PDF
396.9 kB

foi-18-03044 Documents 3 and 4

14 page PDF
865.3 kB

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000

 
The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG