Activities and communications of the Cabinet Secretary for Finance and Local Government: FOI release

Information requested

All information held by the Scottish Government relating to the activities and communications of the Cabinet Secretary for Finance and Local Government (‘CabSec’) on Monday 17 February 2025 (from 0:00 AM to 24:00 PM).

This should include but not necessarily be limited to the following for that day:

1. Copies of all briefings, reports, and other documentation provided to the CabSec

2. Copies of all digital and physical communications made to and from the CabSec, and any held records of verbal communications made

3. A list of all of the CabSec’s engagements and meetings, including any minutes made of these. If there exists an official ‘agenda’ for the CabSec’s day please also provide this.

4. Information relating to the CabSec’s movements (ministerial cars between locations, other modes of transport which the Scottish Government holds information on, and times of scanning in and/or out of buildings’ digital security systems

5. Login times and locations by the CabSec to Scottish Government computer systems.

6. Copies of all orders/instructions/decisions issued by the CabSec

7. Scottish Government awareness of other information relevant to the CabSec’s day which is held by other public bodies but not by the Scottish Government

Please also provide the same information for Wednesday 5 February.

Response

I enclose a copy of some of the information you requested as an attachment.

Section 25 (1) Information otherwise accessible

Some of the information you have requested is available from the Scottish Government website - Whole Family Wellbeing Funding (WFWF) Programme - year 2: process and impact evaluation - full report - gov.scot and from Audit Scotland - Best Value: Fife Council. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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.

Section 30(b)(ii) (free and frank exchange of views, for the purposes of deliberation)

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out below.

The information withheld from the response to questions one, two, three and six includes correspondence between officials which constitutes an exchange of views for the purposes of deliberation. To release such information would be likely to substantially inhibit the ability of officials to freely exchange views between themselves, Special Advisers and with Ministers about complex and sensitive matters in the future leading to delays and less well informed decision making.

Paragraph 6.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Cabinet papers (including Cabinet and Cabinet sub-committee minutes and agendas) are essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions.

The weekly meeting of the Scottish Cabinet is the highest decision-making forum within the Scottish Government, and it follows that all information considered by Cabinet must be handled with great care. Properly functioning Cabinet processes are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

“The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. … The internal processes through which a Government decision has been made should not normally be disclosed."

(Scottish Ministerial Code, 2024 edition, paragraphs 6.1 and 6.4)

This exemption is subject to the ‘public interest test’. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I recognise that there is a public interest in disclosing information about decision making as part of an open, transparent and accountable government, and to inform public debate. I have also considered whether there is a greater public interest in maintaining a private space for officials to exchange views freely between themselves, Special Advisers and with Ministers on sensitive matters prior to public comment. I have found that, on balance, in this case the public interest lies in favour of upholding application of the exemption.

Section 30(b)(i) (free and frank provision of advice)

Information is exempt under section 30(b)(i) if disclosure would, or would be likely to, inhibit substantially: the free and frank provision of advice.

The information withheld from the response to questions one, two, three and six includes correspondence between officials which constitutes sensitive advice to Ministers. To release such information would be likely to inhibit substantially the ability of officials to freely formulate such advice for Ministers about complex and sensitive matters in the future leading to delays and less well informed decision making.

This exemption is subject to the ‘public interest test’. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I recognise that there is a public interest in disclosing information about the preparation of advice by officials and decision making by Ministers as part of an open, transparent and accountable government, and to inform public debate. I have also considered whether there is a greater public interest in maintaining a private space for officials and Special Advisers to develop and provide free and frank advice to Ministers on sensitive matters prior to public comment. I have found that, on balance, in this case the public interest lies in favour of upholding application of the exemption.

Section 27(1) Information intended for future publication

We are unable to provide some of the information requested in questions three and four under Section 27(1) of FOISA (information intended for future publication). This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I recognise that there is some public interest in its release and this will be met by our planned publication. In the meantime, there is greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. The information concerned will be published on the Scottish Government website:

Ministerial engagements, travel and gifts - gov.scot
Local government finance sources and council tax reform: joint working group - gov.scot

If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Section 29(1)(a): Formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of a Scottish Government draft bill and accompanying documents for the UEFA European Championships 2028 and will have a material consideration for future bills.

This exemption is subject to the ‘public interest test’. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I recognise that there is a public interest in the development of Scottish Government legislation. I have also considered whether there is a greater public interest in maintaining a private space for officials to develop legislative proposals for consideration by Ministers. I have found that, on balance, in this case the public interest lies in favour of upholding application of the exemption.

Section 38(1)(b) (Personal Data)

Some information has been withheld as an exemption under section 38(1)(b) (personal data) of FOISA applies to that information. This is because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the UK GDPR (or 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.

Information not held

We are unable to provide information in response to question 5 because we do not routinely record log in times and locations for the Cabinet Secretary. Similarly, in response to your request, in question four, for times of scanning in and/or out of buildings’ digital security systems, the Cabinet Secretary is not required to scan in and out of Scottish Government buildings. Finally, you asked about Scottish Government awareness of other information relevant to the Cabinet Secretary’s day which is held by other public bodies but not by the Scottish Government. This is not information held by the Scottish Government.

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 202500453893 - Information released - Annex

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