Portfolio question and response scripts provided to Scottish Ministers: FOI release

Information requested

Pertaining to work done, communications made, and documentation produced and sent between 1 March 2024 and present, for all Deputy First Minister Responsibilities, Economy and Gaelic and Finance and Local Government Portfolio Questions sessions between 1 January and present date, please provide:

1. Copies of all supplementary question response scripts provided by Scottish Government employees to Scottish Ministers.

2. Copies of all portfolio question* response scripts provided by Scottish Government employees to Scottish Ministers.

*As in, the initial, lodged questions in the format of ‘To ask the Scottish Government’.

Response

I enclose a copy of some of the information you requested.

Some of information you have requested is captured and available from: Meeting of the Parliament: 15/01/2025 | Scottish Parliament Website, Meeting of the Parliament: 05/02/2025 | Scottish Parliament Website, Meeting of the Parliament: 05/03/2025 | Scottish Parliament Website. 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.

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under section(s) 30(b)(i) (Free and frank provision of advice), 33(1)(b) (Substantial prejudice to commercial interests) and s.38(1)(b) (personal information)] of FOISA applies to that information. The reasons why these exemptions apply are explained below:

• An exemption under Section 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to some of the information requested. 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 these exemptions. We recognise that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future.
• An exemption under section 33(1)(b) of FOISA applies to some of the information you have requested because it is likely to prejudice substantially the commercial interests of the parties. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the commercial entities involved. This exemption is subject to the ‘public interest test’. Therefore, taking into 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 some public interest in release to ensure full transparency. However, this is outweighed by the public interest as there is a risk to the companies’ commercial interests.
• An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names and 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.

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 202500455813 - Information released - Annex

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