Correspondence between the Constitutional Futures Division and Dr O’Hagan: FOI Release

Information requested

With respect to contact between Dr Angela O'Hagan (Equalities and Public Policy Glasgow Caledonian University) , 1st May 2021 ‐ date, please provide:
(1) The dates of all meetings held, in person or virtual.
(2) Any documentation relating to the meetings, including agendas, presentation materials, minutes, notes, or briefings.
(3) All correspondence between the Constitutional Futures Division and Dr Angela O’Hagan, 1st May 2021 ‐ date.

Response

1. A meeting was held on 3 August 2022.

2. Some of the information you have requested is included in Annex A. Exemptions under S.38(1)(b) and 30(b)(ii) of FOISA applies to some of the information you have requested. The reason why these exemptions apply is explained in Annex B.

3. Some of the information you have requested is included in Annex A. An exemption under S.38(1)(b) applies to some of the information you have requested. The reason why this exemption applies is explained in Annex B.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review
of the response, by writing to:
Dominic Munro,
Director for Constitution,
St Andrew’s House,
Regent Road,
Edinburgh,
EH1 3DG
or email dominic.munro@gov.scot

Your review request should explain why you are dissatisfied with this response, and should be made within 40 working days from the date when you received this letter. We will complete the review and tell you the result, within 20 working days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Scottish Information Commissioner. More detailed information on your appeal rights is available on the Commissioner’s website at:
http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/AppealingtoCommissioner.aspx.

ANNEX B
S.38(1)(b) (Personal Information)

We are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (Personal Information) of FOISA applies to that information. This is because it is personal data of a third party, specifically the personal details of individuals below Senior Civil Service grade, 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.

S30(b)(ii) of FOISA (free and frank exchange of views)

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 issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

This would significantly harm the Scottish Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence needed to make fully informed policies/decisions.

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 communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position until the Government as a whole can adopt a policy that is sound and likely to be effective.

This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

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.

Annex A

File type

4 page PDF

File size

145.5 kB