- 9 Jul 2021
Date received: 18 Jun 2021
Date responded: 6 Jul 2021
During 2015 – 2019 the office of the Cabinet Secretary for Education, via Education Scotland, took responsibility for overseeing the above proposed Resource. By September 2019, the Scottish Government and Education Scotland withdrew from any further responsibility for the Resource. Please provide copy of all correspondence exchanges between Education Scotland, Scottish Government agencies, MSPs and outside bodies on this subject from January 1, 2021 to the present.
Please find attached copies of most of the information you have requested.
However, 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 sections 30(b)(i) (free and frank provision of advice), 30(b) (ii) (free and frank exchange of views) and 38(1)(b) (personal information) of FOISA applies to some of the information requested.
The reasons why these exemptions apply are explained in the Annex.
REASONS FOR NOT PROVIDING INFORMATION
Sections 30(b)(i) and 30(b)(ii) - free and frank exchange of views for the purposes of deliberation
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. These exemptions recognise the need for officials to have a private space within which to seek advice and views from other officials before reaching the settled public position. Disclosing the content would substantially inhibit the provision of such advice and the exchange of views in the future.
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 officials can provide free and frank advice and views to other officials.
Section 38(1)(b) - personal information
An exemption under section 38(1)(b) of FOISA (personal information) applies to some information which has been redacted from the enclosed documents. This exemption applies because the information is personal data of a third party, i.e. names of individuals, and disclosure 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.
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.
- File type
- 24 page PDF
- 1.5 MB
- File type
- 19 page PDF
- 2.6 MB
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House