Information pertaining to minimum unit pricing: FOI Release

Information requested

You asked for:

1. All correspondence received by the Scottish government by outside bodies, scientists and statisticians about the impact of minimum unit pricing between March 1 2023 and the date of this FOI.
2. All briefings and reports prepared for ministers about increasing the minimum unit pricing from 50p between January 1 2023 and the date of this FOI.
3. All correspondence received by the Scottish government from outside bodies about increasing the minimum unit pricing from 50p between July 1 2023 and the date of this FOI.
4. All minutes from the meeting Humza Yousaf held on July 31 2023 with public health stakeholders about alcohol harm.
5. All correspondence sent to the Scottish Government from the whisky industry regarding alcohol duty being increased from July 1 2023 until the date of this FOI.

Response

I enclose a copy of most of the information you requested for question 1-4 .

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 an exemption(s) under section(s) [s.29(1)(a)(policy formulation), s.33(1)(b) Substantial prejudice to commercial interests, s.38(1)(b) (personal information), of FOISA applies to that information. The reasons why that exemptions apply are explained in the Annex.

In regard to question 5, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested, the information does not exist.

Annex A - Reasons for not providing information

An exemption applies
An exemption(s) under section 38 (1)(b) of FOISA applies to some of the information you have requested. This relates to the personal information of people identified within the documents you have requested, specifically names and telephone numbers.

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 apply, subject to the public interest test

Exemptions under sections 29(1)(a)(policy formulation), and ), s.33(1)(b) Substantial prejudice to commercial interests of FOISA apply to some of the information you have requested. Some of these documents discuss commercially sensitive information and have been redacted in line with s.33(1)(b) Substantial prejudice to commercial interests. As some of the document released in questions 1-3 pertain to the current review of minimum unit price, some of the content is redacted due to involving the formulation and development of Scottish Government policy (section 29(1(a)).

These exemptions 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 some public interest in release of information because of the need for open and transparent government and the contentious nature, and interest in, the policy topic concerned. However, this is outweighed by the public interest on the basis that release would inhibit Ministers’ ability to have a private space in which to consider the development of Scottish Government policy decisions.

 

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide the information.

 

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.