Meetings regarding the Scottish Education Exchange programme: FOI release

Information requested

1. Please provide details of what meetings (a) Scottish Government officials and (b) Scottish ministers specifically have held since May 2021 regarding the proposed Scottish Education Exchange programme. Please provide a copy of all the agendas, supporting papers and minutes of these meetings.

2. Please provide details of whether the Scottish Government either (a) possesses or (b) intends to draft or commission a business case or any other options evaluation in relation to the proposed Scottish Education Exchange programme. If so, please provide either a copy or details of when this work is expected to take place.

3. Please provide details of how much the Scottish Government has (a) committed to or (b) spent to date on developing its plans for a Scottish Education Exchange programme.

Response

I attach a copy of the information you have requested under Annex A. As you will see in the information provided, these meetings were all prompted by Scottish Government officials. They form part of the scoping exercise to support early policy development. The meetings were held on a predominately one to one basis where the Scottish Education Exchange programme was the agenda item. Officials have also confirmed with the Minster’s Private Office that they did not hold any meetings since May 2021 specifically for the Scottish Education Exchange Programme. 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 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 under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the consultation process for the Scottish Education Exchange Programme will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken. 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 a private space within which officials can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s policy position for the Scottish Education Exchange Programme, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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 Scottish Education Exchange Programme will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken. 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 explore and refine the Government’s policy position on the Scottish Education Exchange Programme, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Discussions around any funding commitments towards the development of the Scottish Education Exchange Programme are on-going. The recently published Resource Spending Review, Resource Spending Review 2022 - gov.scot (www.gov.scot), provides the financial parameters for Scottish Government portfolios to collaborate with delivery partners and stakeholders to develop more detailed financial and organisational planning ahead of the next Budget in Winter 2022. It sets out high-level multi-year spending plans for the Scottish Government and does not replace the annual budget process. Given that the annual budget process is yet to take place, the Scottish Government does not currently have the information you have requested. However, the most up to date information is provided in the link above.

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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 202200317468 - Information released

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