South of Scotland Enterprise (SoSE) documentation: FOI release

Information requested

• Grant Award Information: Could you clarify what information the Sponsor Team and the Scottish Government (SG) received from SOSE regarding the £200,000 grant award to Laggan Outdoor Ltd? I would appreciate sight of the relevant documents and audit trail.
• Meeting Papers: Please provide access to the meeting papers shared with SG ahead of SOSE’s Audit and Risk Committee meeting on 23 November 2022.
• Communication from SOSE’s Director of Finance: You note that SOSE’s Director of Finance informed the Sponsor Team of SOSE’s decision to approve the grant on 21 December 2022. Could you confirm exactly what information was communicated and the means by which this was conveyed (e.g., email, letter, or other format)? I would appreciate sight of the relevant communication.

Response

Grant Award Information: The Sponsor Team was initially made aware of the grant award in question through meeting papers shared with SG ahead of SOSE’s Audit and Risk Committee meeting on 23 November 2022. SOSE’s Director of Finance also informed the Sponsor Team of SOSE’s decision to approve the grant to the Board member on the 21 December 2022.

Meeting Papers: Please find enclosed a copy of the Audit and Risk Committee papers we received from SOSE ahead of the meeting on 23 November 2022. Please note the minutes are a draft and we do not hold the final version.

Communication from SOSE’s Director of Finance: SOSE's director of Finance contacted the Sponsorship team via a MS Teams video call. The information communicated was that SOSE had decided to approve the application for £200,000 of grant funding to Laggan. The phone call was not recorded but please find enclosed a handwritten note taken during the call.

Exemptions under sections 30(b)(ii), 33(1)(b) and 38(1)(b) of FOISA applies to some of the information you have requested.

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

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 officials a private space within which to communicate with appropriate stakeholders as part of the process of exploring and refining their position on funding decisions, until the body can adopt a decision that is sound and likely to be effective.

Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation 

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in withholding this information as releasing this would, or would be likely to, prejudice substantially the commercial interests of SOSE and related businesses – specifically creating a disadvantage in future funding exercises.

Section 38(1)(b) - Personal data of third parties e.g. names, email addresses and phone numbers

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.

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 202500454174 - Information Released - Annex

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