George Adam's (SNP) meeting: FOI release

Information requested

1) All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meeting:

1a) George Adam's meeting with Daren Fitzhenry, the Scottish Information Commissioner, on July 27, 2022.

Response

I attach a copy of most of the information you requested:

Annex 1 contains correspondence within the Scottish Government and between the Scottish Government and the Scottish Information Commissioner’s office in regards to this meeting.

Annex 2 contains the Meeting Brief.

Annex 3 contains the Meeting Note.

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 (prejudice to effective conduct of public affairs), 29 (formulation of Scottish Administration policy etc) and 38 (Personal information) of FOISA apply to that information.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to a small amount 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. Disclosing the content of free and frank advice on approaches to managing pressures in particular business areas of the Scottish Government, will substantially inhibit the provision of such advice in the future.

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, in the course of the day to day management of the organisation.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to a small amount of the information requested because it relates to the formulation of the Scottish Government’s policy on future extension of FOISA.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to be advised of these full, in order to understand their possible implications. Their candour in doing so will be affected by their assessment of whether information about their discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Further, an exemption under section 38(1)(a) of FOISA (personal information) applies to some of the information requested because it is personal personal data of a third party, i.e. 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.

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 202200331316 - Information released

File type

25 page PDF

File size

1.2 MB