Acting Cabinet Secretary for Net Zero and Energy trip to New York for Climate Week: FOI release
- Published
- 16 January 2025
- Directorate
- Energy and Climate Change Directorate
- FOI reference
- FOI/202400438911
- Date received
- 1 November 2024
- Date responded
- 28 November 2024
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
1. Could you supply all documentation held by the Scottish Government about Gillian Martin's trip to New York for Climate Week, including correspondence sent and received (including internal), briefings, minutes/notes from meetings, between September 1 2024 and the date of this FOI?
2. Could you supply all analysis done and all the decision making behind Gillian Martin's trip to New York and whether it offered taxpayer value for money?
3. Could you supply the full cost of Gillian Martin's trip to New York, including the cost of taking staff, and how many staff accompanied her?
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 s.12 (excessive cost of compliance); s.27(1) (information intended for future publication); s.29(1)(b) (Ministerial communications); s.29(1)(d) (operation of anyministerial private office); s.30(b)(i) (free and frank provision of advice) and s.38(1)(b) (personal data relating to third party) of FOISA applies to this information. The reasons why these exemption(s) apply are explained below.
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(s). We have found that, on balance, the public interest lies in favour of upholding the exemption(s). We recognise that there is some public interest in release because of an interest in supporting greater transparency within government. However, this is outweighed by the public interest in: the ability of officials to effectively support ministers in their public affairs, providing them with confidential advice, and, with regards some of the information (regarding New York Climate Week costs): taking the time necessary to ensure the information has been properly collated and checked before it is published as planned.
On point 1 of your request: Could you supply all documentation held by the Scottish Government about Gillian Martin's trip to New York for Climate Week, including correspondence sent and received (including internal), briefings, minutes/notes from meetings, between September 1 2024 and the date of this FOI?
While our aim is to provide information whenever possible, on point one of your request the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is because the cost of searching and sifting through the many documents pertaining to Ms. Martin’s 2024 trip to New York Climate Week (NYCW) to find the specific information you requested would exceed the cost limit. Under section 12 of FOISA, public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.
Rationale for point 1 of this request exceeding the Upper Cost Limit
Please see below the primary ways of searching for documents of relevance to this FOI and the number of files that would have to be sifted through to complete the FOI request, in order to illustrate how we concluded that this request would exceed the cost limit.
ERDM- Scottish Government file repository
When looking at all files that were created in 2024 (based on the assumption that searching all files created in 2024 would cover your request for all documentation held by the Scottish Government about Gillian Martin's trip to New York for Climate Week, and that files predating 2024 would likely be in relation to previous New York Climate Week visits), thereby including files pertaining to your specified timeframe of September 1st- November 1st, and using the keywords, i.e. searching using:
Cabinet Secretary Net Zero and Energy/ Cabinet Secretary NZE/ Cab Sec Net Zero and Energy/ Cab Sec NZE + New York Climate Week/ NYCW+ briefing/ correspondence/ minutes
OR: Ms Martin+ New York Climate Week
OR: Ms Martin+ New York Climate Week+ Briefing
- the total number of search results equals to 12,165.
Please see calculation below evidencing that- without even using all possible search terms on ERDM (e.g. searching ‘Ms Martin+ New York Climate Week+ Correspondence) and without also requesting relevant current and former staff review their emails in relation to all three points of your request (which would be required to produce a full FOI response) - what is listed above in point 1 exceeds £600.
The case handler would be likely to review the files in batches of 24, as this is one page on the system. Officials have previously, in a test, determined that on average it takes five minutes to look at one page of 24 results and determine what is in scope. 24* 12 = 288, meaning that the case handler could review 288 files in an hour.
[The total number of files] 12,165/ [the number of files that could be looked at in one hour] 288 = 42 hours (meaning it would take this many hours to look at the entirety of the results listed above).
Of course, many of the files that are listed in search results will not be relevant, but differentiating the relevant from the irrelevant requires someone to take a look to make a judgement as to whether each one needs to be looked at, and to consider those that seem relevant.
At a rate of £15 an hour, for 42 hours, this would cost point 1 of the FOI response at or above £630. The member of staff responding would be either B3 level or C1. There are no staff available in the relevant department with the right level of knowledge at lower grades to complete this FOI.
With regards the element within point 1 of your request for all information held on New York Climate week briefings: it may be beneficial for you to know that a response to FOI request 202400436030, which asked for all briefing packs provided to Gillian Martin during climate week in New York, was published here on 20th November 2024, and includes release of some information on New York Climate Week briefing.
You may wish to consider reducing the scope of your request in order that the costs can be brought below £600. This may be possible for instance by asking for information held by particular business areas in the Scottish Government. You may also find it helpful to look at the Scottish Information Commissioner's Tips for requesting information under FOI and the EIRs.
On point 2 of your request: Could you supply all analysis done and all the decision making behind Gillian Martin's trip to New York and whether it offered taxpayer value for money?
I enclose some of the information you have requested – subject to the exemptions as listed abovecontained within a redacted email chain regarding a Ministerial Submission to the First Minister on Scottish Government presence at New York Climate Week 2024.
On point 3 of your request: Could you supply the full cost of Gillian Martin's trip to New York, including the cost of taking staff, and how many staff accompanied her?
With regards the total cost of the Scottish Government (including Ms. Martin and staff costs as you request) attending New York Climate Week 2024 - Section 27(1) of FOISA applies. An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information by 20 December 2024, which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release this information before the planned publication date.
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 some public interest in release due to public interest in New York Climate Week and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
- File type
- File size
- 425.7 kB
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
There is a problem
Thanks for your feedback