Public health supplement documentation: FOI release

Information requested

All documentation held by the Scottish Government about a public health supplement/levy, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, from the last three months.

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 section 38(1)(b) (personal information) and section 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

The exemption under section 38(1)(b) (personal information) applies to a small amount of the information requested because it is the personal data of a third party, i.e. the names or contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption under section 30(b)(ii) (free and frank exchange of views) applies to some of the information requested. free and frank exchange of views) applies to some of the information  requested. The exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purpose of deliberation. The exemption recognises the need for Ministers or officials to have a private space within which to discuss issues and options internally before the Scottish Government reaches a settled public view. Disclosing the content of free and frank views on a public health supplement will substantially inhibit the provision of such advice or views in the future, particularly because discussions on non-domestic rates policy options regularly occur in the context of the Scottish Budget each year.

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 exemptions. 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 officials a private space within which to communicate as part of the process of exploring and refining the Government’s policy position on non-domestic rates policy until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues within the Scottish Government, which in turn will undermine the quality of the policy making process and which would not be in the public interest.

Further, some of the information in some of the documents is not considered to be within scope of your request, as it is about a different topic, and has been redacted.

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 202500453160 - Information Released - Annex

File type

PDF

File size

1.3 MB