Programme for government/FM and perm sec: FOI Review

Information requested

All correspondence between the permanent secretary and/or his office and the first minister and/or his private office or special advisers relating to the 2023 programme for government. For the avoidance of doubt, this should include all emails or other electronic communications of any other kind (WhatsApp, Teams, Signal, Telegram) as well as any handwritten notes or minutes from verbal discussions.

Response

I am responding to your request for a review of the response to your FOI request 202400396114.

On 29th January, you requested “All correspondence between the permanent secretary and/or his office and the first minister and/or his private office or special advisers relating to the 2023 programme for government. For the avoidance of doubt, this should include all emails or other electronic communications of any other kind (WhatsApp, Teams, Signal, Telegram) as well as any handwritten notes or minutes from verbal discussions”.

The response to that request was sent to you on 26th February, and some information subsequently provided on 27th February. You have requested a review of that response because while you “appreciate that exemptions s.30(b)(i), s.30(b)(ii), s.33(2)(b) and section 38(1)(b) may apply to some material requested, you find it extremely unlikely that said exemptions should apply to every exchange.”

I have concluded that the original decision should be confirmed, with modification.

I have considered the paperwork from your original request, how the case was handled and the procedures followed. I have concluded that the searches undertaken for information, and the consideration of the information in scope of your initial request, were appropriate.

I have also reviewed the response to your initial request and the application of exemptions. These are exemptions of advice and financial information provided under sections 30(b)(i) and 30(b)(ii) of FOISA, Free and Frank Provision of Advice and Free and Frank Exchange of Views. These section 30 exemptions recognise the need for Ministers and officials to have a private space within which to discuss and explore options before Scottish Ministers come to a final decisions. Section 38(1)(b) exemptions have been applied appropriately to the names of non-Senior Civil Service officials involved in the drafting.

I have also noted that some of the information you requested was exempted under section 33(2)(b) of FOISA, Financial interests of a UK administration. On reviewing the application of this exemption, I conclude that this information is also exempt from disclosure under section 30(b)(i) and 30(b)(ii) of FOISA, Free and Frank Provision of Advice and Free and Frank Exchange of Views.

I have also reviewed whether the public interest test has been correctly applied in responding to your initial request. I recognise there is a degree of public interest in the Programme for Government process and information you sought on the policy and financial discussions that happen in the process of preparing for publication. But I consider that this public interest is outweighed by the value of maintaining a confidential space for thorough, detailed and balanced discussions of the policy and financial options that supports Ministerial decision making for the Programme for Government. Disclosure of such information would limit the confidentiality of those discussion, lead to a diminution of the level and detail of advice provided, and undermine the robustness of the advice and decision making process. I also note that there have been no change in circumstances since the original decision which would affect the outcome of the public interest test.

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.

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.