Minister for Culture, Europe and International Development introductory briefings: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

“Details, including any documents, of any introductory briefings provided to Christina McKelvie when she assumed her new role as Minister for Culture, Europe and International Development, up until 30 June 2023.”

Response

Please find enclosed a copy of the introductory briefings as 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 exemptions under sections 28(1), 29(1)(a), 30(b), 30(c), 32(1)(a), 33(1)(b), 33(2)(b), and 38(1)(b) of FOISA apply to that information.

Exemptions
An exemption under section 28(1) (relations within the United Kingdom) of FOISA applies to some of the information you have requested where disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK. 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.

An exemption under section 29(1)(a) (formulation or development of government policy) of FOISA applies to some of the information you have requested. 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.

An exemption under section 30(b) (free and frank provision of advice or exchange of views) of FOISA applies to some of the information you have requested. This is designed to avoid the release of any information held that would, or would be likely to, inhibit substantially the free and frank provision of advice 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.

An exemption under section 30(c) (effective conduct of public affairs) of FOISA applies to some of the information you have requested where disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs. 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.

An exemption under section 32(1)(a) (the UK’s international relations or interests abroad) of FOISA applies to some of the information requested where disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State, and relations between the UK and any international organisation. 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.

An exemption under section 33(1)(b) (substantial prejudice to commercial interests) of FOISA applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the parties involved. 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.

An exemption under section 33(2)(b) (financial interests) of FOISA applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the financial interests of the Scottish Government. Disclosing information about future major events programming while this process is ongoing would substantially affect the confidence of the rights owner in the confidentiality of this process and impact our ability to obtain value for money in this and future discussions about major events more generally. 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 and transparent government, and to help account for the expenditure of public money on major events. However, there is a greater public interest in protecting the financial interests of the Scottish Government to ensure that we are always able to obtain the best value for public money and realise benefits from future major events.

An exemption under section 38(1)(b) (personal data of a third party) of FOISA applies to some of the information you have requested, as disclosure would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation. The Scottish Government has a policy of not disclosing the personal data of officials who are not senior civil servants. This exemption means that the names and contact details of officials have been redacted. Additionally, we have redacted information in the documents that would lead to some individuals outside of the Scottish Government being identified. 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 202300371688 - Information Released - Annex

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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