Discussion held regarding Edinburgh Festival: FOI release

Information requested

All briefings sent to the Cabinet Secretary for Constitution, Culture and External Affairs and the Minister for Culture, Europe and International Development on the Edinburgh Festivals between January 2022 and the present day.

A list of meetings held, and any notes of these meeting, which included either the Cabinet Secretary or the Minister where the Edinburgh Festivals were discussed.

Response

Please find attached to this response two documents.

The first document contains a partially redacted PDF compilation of 39 festivals briefings for the Jan-Sept 2022 period of your request for both named Ministers.

The second document contains a partially redacted PDF compilation of the 8 meeting notes held by both named Ministers on the subject of Edinburgh Festivals during the period 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 an exemption(s) under section(s) s.38(1)(b) (personal information), section 33(1)(b) (commercially sensitive) or section 30 (prejudice to effective conduct of public affairs) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
An exemption(s) under section(s) s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This is to protect names of individuals not in the public domain under GDPR. 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) (commercially sensitive) of FOISA applies to some of the information you have requested. This is designed to avoid the release of any commercially sensitive information that would harm the Edinburgh Festivals’ ability to trade or operate effectively if it were released. 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 some public interest in release because of the interest in ensuring that Edinburgh Festivals are well supported by Scottish Government. However, this is outweighed by the public interest in protecting the financial and commercial integrity of the festivals in question.

An exemption applies, subject to the public interest test
An exemption under section 30 (prejudice to effective conduct of public affairs) of FOISA applies to some of the information you have requested. This is designed to avoid the release of any non-financial comments or information held on the Edinburgh Festivals that would harm the Edinburgh Festivals’ ability to trade or operate effectively if it were released. This is based on the free and frank exchange of views for the purposes of deliberation element of this exemption. 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 some public interest in release because of the interest in seeing the interactions between Edinburgh Festivals and the Scottish Government. However, this is outweighed by the public interest in protecting the personal views and draft/private plans of the festivals in question.

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 202200322587 - Information released

File type

370 page PDF

File size

3.2 MB