Sunday Post's request for notes of Health Secretary's meetings at football games: FOI release

Information requested

All correspondence around the Sunday Post's FOI request for notes of Neil Gray's meetings at football games as referenced in the newspaper article on 19 January 2025 and all correspondence around the Sunday Post's request for a comment for that article.

Response

I enclose a copy of most 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 33(1)(b) substantial prejudice to commercial interests, 38(1)(b) personal information, 30(b)(i) free and frank provision of advice and 30(b)(ii) free and frank exchange of views of FOISA applies to that information.

An exemption under section 33(1)(b) of FOISA (commercial interest) applies to some the information requested because it relates to ongoing negotiations regarding a funding proposal under the fan bank. 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 releasing the information would be of interest to the public but it could adversely impact on sensitive discussions between those involved in the proposal and the finalisation of the transaction.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it relates to people below the grade of a senior civil servant.

Exemptions under sections 30(b)(i) (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views) has been applied to some of this information. These exemptions are subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered whether 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 exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, but it could adversely impact officials’ ability to freely discuss the detail of cases and proposed approaches to responding. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. On this occasion, the advice and exchange of views is on how to deal with a review of freedom of information requests.

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.

FOI 202500449193 - Information released - Annex

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