Discussions with Universities Scotland on Scottish independence: FOI release

Information requested

Please send me the minutes of the discussions with Universities Scotland mentioned here:

https://www.gov.scot/publications/foi-202200313382/

Please also send me any emails exchanged between the Scottish government and Universities Scotland discussing Scottish independence, a referendum and its implications.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the minutes of the meeting between officials and Universities Scotland regarding Scottish independence and its potential impacts, which took place on 15 June 2022 and 25 July 2022. The reason why we don’t have the information is because no minutes were taken of these informal meetings between Scottish Government officials and Universities Scotland. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

I attach a copy of some of the information you requested: ‘emails exchanged between the Scottish Government and Universities Scotland discussing Scottish independence, a referendum and its implications’ in Annex A. The below exemptions apply.

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.

Exemptions under Section 29(1)(a) of FOISA (Formulation or development of Scottish Government policy) applies to some of the information requested because it relates to the formulation or development of government policy. There is no harm test in the exemption. Therefore, information will be exempt simply because it relates to the formulation or development of government policy.

Exemptions 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 with stakeholders will substantially inhibit such discussions in the future.

Exemptions under 29(1)(a) and 30(1)(b)(ii)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 exemption. 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 Ministers and officials the opportunity to carry out processes involved in developing, reviewing, improving or amending new or already existing policy within which to explore and refine the Government’s policy position on the discussions regarding the potential impact of a Scottish referendum, until the Government as a whole can adopt a policy that is sound and likely to be effective. Premature disclosure is likely to undermine the original plan of dissemination between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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 202200325639 - Information released

File type

12 page PDF

File size

230.5 kB