Teaching in a Diverse Scotland Report publication: FOI release

FOI reference: FOI/18/03373
Date received: 14 November 2018
Date responded: 13 December 2018

 

 

You asked for:

 

1) Copies of all correspondence and communication between the Scottish Government (including the Working Group and members of the Working Group) tasked with drafting this report) and the Coalition for Racial Equality and Rights, including minutes or notes of meetings/discussions, records of phone conversations, evidence/data submissions, and emails / email attachments. 

2) Copies of all correspondence and communication between the Scottish Government (including the Working Group and members of the Working Group) tasked with drafting this report) and BEMIS, including minutes or notes of meetings/discussions, records of phone conversations, evidence/data submissions, and emails / email attachments.

Your request refers to the Teaching in a Diverse Scotland Report publication of 14 November 2018. 

I enclose a copy of some of the information you have 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 under section(s) S30(b)ii Free and frank exchange of views, S25(1) Information otherwise accessible and S38(1)(b) Personal data relating to third party of FOISA apply to some information. 

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. 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 Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on the development of the Teaching in a Diverse Scotland Report would risk inhibiting such discussions in the future.   

Under section 25(1) of FOISA, we are not required to provide you with information which is already reasonably accessible to you. Some of the information you requested is available online at https://www.gov.scot/publications/diversity-in-the-teaching-profession-april-2018/ 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.

The reasons why these exemption(s) apply is explained below.

Reasons for not providing information

An exemption applies.

An exemption(s) under section 25(1) applies to some of the information you have requested because it is already accessible in the public domain. 

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, eg names/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(s) under 30(b)ii of FOISA applies to some of the information you have requested because it is a free and frank exchange of views. 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 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 officials a private space within which to develop an initial draft report, ensuring it reflects the working group’s discussions and the wider context, before then sharing a draft with the working group for discussion, further refinement and amendment. This space is essential to enable officials to develop a draft that accurately reflects the working group’s considerations to date, so that the working group can ultimately finalise a report and recommendations. Disclosure is likely to undermine the full and frank discussion of issues between officials, which in turn will undermine the quality of the advice provided by the working group, which would not be in the public interest.