- 29 Apr 2019
Date received: 4 Apr 2019
Date responded: 25 Apr 2019
You asked for information listed at [a] to [e] for staff provided under the expired Framework Agreement named at [f]:
[a] Framework Public Bodies Contracts Manager’s or Hiring Manager’s name;
[b] Job Role;
[c] Start Date;
[d] End Date;
[e] Pay Rate.
[f] Provision of Temporary and Interim Staff Services – Interim Professional – National [Ref: SP-13-022] and [Ref: SP-13-023] awarded 28 April 2015.
In regards to the information requested in point [a], while our aim is to provide information whenever possible, in this instance we are unable to provide this because an exemption under section 38(1)(b) personal information of FOISA applies.
In regards to points [b], [c] and [d], please see table below for Ref: SP-13-022.
|Role||Start Date||End Date|
|Business Continuity Manager||21/04/2016||29/06/2018|
Senior Fraud Investigations
Head of Organisational
Learning and Development
|Programme Finance Lead||15/01/2018||Current|
[e] The rate of pay for the above job roles range from £180 - £440 per day. Disclosure of specific pay rates is exempt under section 38(1)(b) personal information and section 33(1)(b) commercial interests of FOISA.
In regards to points [b], [c] and [d], please see table below for Ref: SP-13-023.
|Role||Start Date||End Date|
|Business System Analyst||20/09/2016||08/02/2018|
|Business System Analyst||20/09/2016||29/06/2018|
|IT User Researcher||22/01/2019||Current|
|Senior Systems Engineer||08/10/2018||Current|
|Spring Boot Developer||11/02/2019||Current|
[e] The rate of pay for the above job roles range from £241 - £517 per day. Disclosure of specific pay rates is exempt under section 38(1)(b) personal information and section 33(1)(b) commercial interests of FOISA.
Please see the Annex for more information in relation to the exemptions noted above.
An exemption applies
An exemption(s) under section(s) 38(1) (personal information) of FOISA applies to some of the information you have requested.
In your request you have asked information regarding pay rates and start/end date of contracts for each role we have recruited. These are unique to specific employees so releasing the information for these roles would potentially lead to identification of our employees. As we have a duty to protect the personal data of our staff the pay rates for each job role and the Hiring Manager’s name are exempt under section 38(1)(b).
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 applies, subject to the public interest test
An exemption under section 33(1)(b) (commercial interests) of FOISA applies to some of the information you have requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of individuals/companies providing services. Some contracts are still current and commercially confidential.
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. Although there is a public interest in transparency with the expenditure of public funds there is a greater interest in ensuring that the Scottish Government consistently obtain the best value contracts. Therefore, on balance, the public interest lies in favour of upholding the exemption.
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House