Pausing of the Super Sponsor Scheme: FOI review

Information requested

A copy of any information which directly led to the Scottish Government's decision to pause the Super Sponsor Scheme in July 2022. Please include all internal correspondence, correspondence with stakeholders, phone calls, handwritten notes or other such documentation.

Response

I have concluded that a different decision should be substituted. Further advice has been provided to the Ministerial Support and Correspondence Team regarding the application of exemptions and the support that should be offered to staff who are new to handling FOI cases.

The original response did not state what information had been identified as relevant to the request and how the section 30 exemption had been applied. I have now confirmed the searches that have been undertaken and consider that they were reasonable to identify relevant information from our electronic records document management system. I have also identified additional documents from emails identified in a prior exercise. Searches of handwritten notes have not been commissioned as they would not have been provided to Ministers to inform their decision-making. Phone calls are not recorded and so cannot be searched.

The way that the request is phrased open to some interpretation in determining whether information ‘directly led’ to the decision to pause the Scottish Super Sponsor Scheme. Officials in the then Warm Scottish Welcome Programme (now Ukraine Resettlement Directorate) were monitoring continuously the evolving situation including, for example; numbers of applications to the Super Sponsor Scheme being made and approved, numbers of Ukrainians actually arriving in Scotland on a daily basis, the number of hotel rooms booked by our contracted provider, the number of host accommodation offers checked and available and the numbers of people being matched to longer-term accommodation. Information was provided to Mr Gray, Minister for Culture, Europe and International Development and Minister with special responsibility for Refugees from Ukraine, in briefings on Mondays, Wednesdays and Fridays. There were also verbal updates provided at twice weekly meetings between Mr Gray and officials in the Programme.

With that context in mind, I have interpreted your request as relating to information contained within documents produced in the immediate lead up to 7 July 2022 (when the First Minister agreed to the pause of the Scottish Super Sponsor Scheme) and which specifically provided advice regarding the possibility of a pause following as instructed by Paul Johnson, Director-General Communities, after considering the data available on 28 June.

The information that I have identified that is relevant to your request is:

Document Ref:	Date	Description/Content
1	30 June 2022	Submission to Mr Gray, Minister for Culture, Europe and International Development and Minister with special responsibility for Refugees from Ukraine from the Deputy Director, Ukraine Response Team. A copy of this document with appropriate redactions is attached as Annex A.
2	1 July 2022	Email from Mr Gray regarding the aforementioned submission referring to a proposed change in the text of the draft note from Mr Gray to First Minister.
3	1 July 2022	Email note from Mr Gray to First Minister
4	19 July 2022	Email note of meeting between Mr Gray and First Minister on 5 July 2022.
5	6 July 2022	Email response from First Minister to Mr Gray.
6	6 July 2022	Briefing note for meeting between Mr Gray and JP Marks (Permanent Secretary). A copy of this document with appropriate redactions is attached as Annex B.
7	8 July 2022	Email note of meeting between Mr Gray and First Minister.

An exemption under section 29(1)(b) of FOISA (Ministerial communications) applies to some of the information requested because it relates to communications between Scottish Ministers i.e. documents 2, 3, 4, 5 and 7 in full. The same exemption also applies to part of item 1 as it was the draft of the document that was subsequently issued as item 3.

There is unpublished data contained in the information that is being provided (items 1 and 6). Please note that management information used for operational decision making is not subject to the same level of validation and checking as for National Statistics publications. In addition the methodology underpinning the analysis of projected arrivals and projected required welcome accommodation was in development, based on the currently available data and information at the time and subject to a number of caveats, which may have changed since the projections were made.

The exemption 29(1)(b) 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 a private space within which issues can be explored and refined, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the decision making process.

A further exemption under section 30(a) (convention of collective responsibility of Scottish Ministers) also applies to the same information as that exempted under s29(1)(b). This exemption applies because disclosure would, or would be likely to, prejudice substantially the convention of the collective responsibility of Scottish Ministers for the Scottish Government’s decision on the Scottish Super Sponsor Scheme. Government in Scotland, as in the rest of the UK, has long worked under the convention that Ministers are collectively responsible for decisions and their delivery. Collective responsibility requires collective discretion, and ensures that Ministers can express their views frankly in internal discussion of an issue while maintaining a united front once decisions have been reached. Disclosing communications between individual Ministers would prejudice substantially the maintenance of the convention.

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 maintaining collective responsibility for the Scottish Government’s decisions on the Scottish Super Sponsor Scheme, once a collective decision has been made. Disclosure of these internal discussions between Ministers would be likely to have the effect of undermining the Government’s position on the Scottish Super Sponsor Scheme, and thus the effectiveness of the decision, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested (in item 2) because it is personal data of a third party, ie names/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 a small amount of the information requested (in document 6, see Annexe B). 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 before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on aspects of the operation of the Super Sponsor Scheme will substantially inhibit the provision of such advice in the future, particularly because discussions are still ongoing about these operations in light of the evolving context and we need to maintain good relations with delivery partners and other parties crucial to successful delivery.

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, as part of the process of exploring and refining the Government’s position on the Scottish Super Sponsor Scheme. 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 – during a period of further policy development - 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.

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FOI - 202200328964 - Annex A-B

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