First Minister's family moving into Bute House: FOI release

Information requested

Please provide me with any correspondence, briefing notes and memos concerning Humza Yousaf’s family moving into Bute House.

Response

There are no written rules or conventions regarding the use of Bute House. The Private Apartments offer flexible overnight accommodation for the First Minister and family members in Edinburgh, when required. Unlike Downing Street, there is no expectation that the First Minister and their family move in to Bute House, however, the accommodation is always available for any overnight requirements for the First Minister or their family members.

This means there is no necessity to make preparations for any First Minister to ‘move in’ or ‘move out’ of Bute House. Briefing notes and memos on logistical points are attached in the pdf Annex A.

Some information has been withheld as an exemption under Section 29(1)(a) (policy formulation) of FOISA applies to the information you have requested. This is because it relates to the formulation of Scottish Government policy.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all 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 some public interest in disclosing information as part of an open, transparent and accountable government. 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 it is in the public interest for Ministers and officials to have a private space to consider all available options and to debate those rigorously, to fully understand their possible implications.

Some information has been withheld as an exemption under Section 30 (b)(i) (free and frank provision of advice) of FOISA applies to the information you have requested. This is because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all 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 some public interest in releasing the information as part of an open, transparent and accountable government. However, there is a greater public interest in allowing a private space for ministers and officials to share free and frank advice for the purpose of deliberation.

Some information has been withheld as 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 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.

Some information has been withheld as an exemption under Section 39(1) (health and safety) of FOISA applies to the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all 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 some public interest in the arrangements for the use of Bute House by the First Minister and his family. However, this is outweighed by the public interest in the safety of the First Minister and his family members.

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FOI 202300384069 - Information Released - Annex A

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