Autumn Budget Revision information: FOI Review
- Published
- 31 January 2025
- Directorate
- Financial Management Directorate
- Topic
- Money and tax, Public sector
- FOI reference
- FOI/202400445430 Review of 202400440986
- Date received
- 17 December 2024
- Date responded
- 15 January 2025
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Original request 202400440986
1. All documentation, briefing packs, and communications provided to the Minister for Public Finance for preparation for his appearance in front of the Finance and Public Administration committee on the week beginning 11 November 2024.
2. From January 2024 to present, all ministerial communications to and from the Minister for Public Finance and the Cabinet Secretary for Local Government and Finance regarding the Autumn Budget revision, and a list of decision made by these two and/or the First Minister regarding the Autumn Budget revision for 2024-25.
Response
I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:
I would like to request a review. Specifically, I would like a review of the application of 30(b)(ii) and the public interest test evaluation made. I do not believe there is good reason to exempt provision of the briefing packs.
I have concluded that a different decision should be substituted. Please note that regulation 11(2) (personal information) of the EIRS had been applied incorrectly; this should have been 38(1)(b) (personal information) of FOISA. It is effectively the same exemption just under a different regime. I apologise that the correct exemption under FOISA was not applied at request stage.
I have reviewed the original response and have concluded that the exemption applied to the briefing pack in the response was incorrect. The exemption applied in the original response quoted s.30(b)(ii)( the free and frank exchange of views for the purposes of deliberation) which relates to the free and frank exchange of views for the purposes of deliberation not the free and frank provision of advice and therefore 30(b)(i)(free and frank provision of advice) should have been applied instead.
I have also reviewed the briefing pack and have concluded that most of this information can be released. Therefore, I enclose a copy of most of the information you requested. I apologise for the combination of regimes used to provide the original response, and the incorrect application of s.30(b) (ii). This review response addresses these issues.
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 before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on public sector pay will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken, and these discussions relate to a sensitive or controversial issue such as public sector pay negotiations.
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 policy position on public sector pay, until the Government as a whole can adopt a policy 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 policy 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.
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
- 449.2 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
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