Meetings referred to in PQ S5W-36077: FOI release

Information requested

All materials (prepared in advance of or following) held by the Scottish Government with regard to each meeting referred to in response to the Parliamentary Question S5W-36077. Please include briefings (including ministerial briefings), notes of attendees and internal correspondence.

Response

I attach a copy of the information you 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 of exemptions under sections 3(2)(a)(ii), 29(1)(a), 30(b)(i), 30(b)(ii) and 38(1)(b) of FOISA.

An exemption under section 3(2)(a)(ii) of FOISA (Information which was supplied by a Minister of the Crown or a department of the UK Government and is held in confidence) applies to some of the information requested as this information is not held by the Scottish Government. You may wish to submit a request for this information to the relevant UK administration(s) directly.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on Education Reform. 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 high quality policy and decisionmaking, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information 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. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views before reaching the settled public position. Disclosing the content of free and frank advice and views will substantially inhibit such considerations in the future, particularly because discussions on the issue are still ongoing and final decisions have not been taken and these discussions relate to a sensitive issue such as the delivery of the exam diet.

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 Ministers can receive free and frank advice and hear an exchange of views. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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 202100209869 - Information released

File type

56 page PDF

File size

4.0 MB