Minister for Green Skills, Circular Economy and Biodiversity attendance at Rural Affairs and Islands Committee: FOI release

Information requested

All briefing notes that were provided to Lorna Slater, Minister for Green Skills, Circular Economy and Biodiversity, prior to her appearance before the Rural Affairs and Islands Committee on 13 September.

Response

I enclose a copy of some of the information you 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 s.38(1)(b) (personal information) and s.30(b)(i) (free and frank provision of advice) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

Furthermore, some of the information you have requested is available from Meeting of the Parliament: RAI/13/09/2023 | Scottish Parliament Website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Where information has been redacted from documents, the reason for the redaction has been given as follows:

• [Redacted – personal info] means that s.38(1)(b) applies
• [Reacted – advice to ministers] means that s.30(b)(i) applies

Section 38(1)(b) – applicant has asked for personal data of a third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to a very small amount of the information requested because it is personal data of a third party, ie names and contact details of Scottish Government officials, 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.

Section 30(b)(i) – free and frank provision of advice
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some 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. Disclosing the content of free and frank advice on this matter will substantially inhibit the provision of such advice in the future, particularly because officials need to have a private space in which to provide free and frank advice to Ministers and it is important that Ministers are able to consider advice in confidence before the Scottish Government reaches a settled public view.

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 this legislation that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Furthermore, some of this advice relates to information which is now publicly available through the Parliament’s Official Report, and we see no value in disclosing this information relating to the Minister’s appearance at Committee when this information is already a matter of public record.

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 202300375984 - Information Released - Briefing

File type

13 page PDF

File size

199.0 kB

FOI 202300375984 - Information Released - Supplementary briefing

File type

1 page PDF

File size

85.1 kB