Access to Information Rights in Scotland: FOI release

Information requested

You set your request in context by referencing the Scottish Government’s response to the Access to Information Rights in Scotland consultation: Access to Information Rights in Scotland Response to analysis of consultation responses published in November 2023, noting the following commitments made by the Scottish Government:

"The Scottish Government will undertake an assessment of the impact of this issue, and the number of organisations which may be affected. Outcomes will be taken into account in the development of the approach to the future use of the section 4 and 5 powers – with the aim of ensuring that any company outwith scope of the section 6 provisions purely because it is wholly owned by a combination of the Scottish Ministers and other Scottish public authorities will be become subject to FOISA by other means."

and

“The Scottish Government commits to…identify and consider the FOISA status of companies wholly-owned by a combination of the Scottish Ministers and other Scottish public authorities."

1. The results and/or relevant documents and information produced as a result of such assessment.

2. If such assessment has not been produced, please provide documents (memorandums, agendas, minutes, information, etc.) and internal communications related to the planning and future execution of this assessment.

Response

In relation to part 1 of your request, I can advise that the Scottish Government has not yet completed its assessment of companies that are wholly owned by a combination of the Scottish Ministers and other Scottish public authorities, and which are not currently subject to FOISA. We therefore do not hold any information within the scope of part 1. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested.

I will now move on to consider part 2 of your request. The Scottish Government has commenced some planning activity and internal discussion in relation to work on jointly owned companies. I have enclosed some of the information you have requested about this. This work currently remains ongoing. Outcomes from the work will become available in due course.

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 section 38(1)(b) (personal information), section 36(1) (legal advice - confidentiality in legal proceedings) and section 29(1)(a) (formulation and development of government policy) apply. One document has been withheld in its entirety. Appropriate redactions have been made to others.

The reasons why these exemptions apply are explained in the Annex to this letter.

In general, we have not disclosed details of specific organisations whose FOISA status remains under discussion. We have included some details of earlier discussion in relation to Zero Waste Scotland, since the status of that organisation will shortly be resolved. Zero Waste Scotland will become subject to FOISA from 1 April 2025, as a consequence of provisions made by the Circular Economy (Scotland) Act 2024.

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 202500450915 - Information Released - Annex

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PDF

File size

328.8 kB

FOI 202500450915 - Information Released - Document 3

File type

Excel document

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27.9 kB