Ministerial statement on Winter Fuel Payment replacement: FOI Review

Information requested

Original request 202400443264

1. The original draft of Shirley-Anne Somerville's ministerial statement delivered on 28 November 2024 regarding the Scottish Government’s announcement replacing the Winter Fuel Payment and all subsequent drafts of that ministerial statement, including feedback, edits, comments or changes suggested by Scottish Government officials, special advisers or ministers.

2. All correspondence received by the Scottish Government or Scottish Ministers from the Presiding Officer (or officials on her behalf) regarding the statement due to be delivered on 28th November 2024 and all subsequent exchanges between Scottish Government officials, ministers and special advisers with the Presiding Officer and her office about the statement, including any changes she required to be made on the statement.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

• The original draft of Shirley-Anne Somerville's ministerial statement delivered on 28 November 2024 regarding the Scottish Government’s announcement replacing the Winter Fuel Payment and all subsequent drafts of that ministerial statement, including feedback, edits, comments or changes suggested by Scottish Government officials, special advisers or ministers.
• All correspondence received by the Scottish Government or Scottish Ministers from the Presiding Officer (or officials on her behalf) regarding the statement due to be delivered on 28th November 2024 and all subsequent exchanges between Scottish Government officials, ministers and special advisers with the Presiding Officer and her office about the statement, including any changes she required to be made on the statement.

I have concluded that the original decision should be confirmed, however with some modifications. I believe that the exemption related to section 30(b) was applied incorrectly to your previous request as no delineation between exemptions 30(b)(i) (free and frank advice) and 30(b)(ii) (free and frank exchange of views) was made in your initial request for which I apologise.

I enclose some of the information you have requested related to Shirley-Anne Somerville’s Ministerial Statement delivered on 28 November 2024 regarding the Scottish Government’s announcement replacing the Winter Fuel Payment. However, I have applied exemption section 30(c) of FOISA on some of this information.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to draft ministerial documents where recognising the need for officials and Ministers to have a private space within which to draft documentation and provide feedback or comments accordingly before reaching a settled public position. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the process of officials being able to draft documents to Ministers before reaching a settled public position and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

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 and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice in relation to the ministerial statement on the Winter Fuel Payment will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive issue.

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 and other officials, as part of the process of exploring and refining the Government’s policy position on the Winter Fuel Payment. 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.

FOI 202500450294 - Information released - Annex

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