Separate Scottish visa documentation: FOI release

Information requested

All documentation held by the Scottish Government about a separate Scottish visa, including correspondence sent and received (including internal), minutes/notes from meetings, from the last three months.

Response

For the purpose of responding to this FOI request, we have considered a ‘separate Scottish Visa’ to include information relating to our Scottish Rural Visa Pilot Scheme, Graduate Visa and material relating to a Scottish Visa, more broadly.

You can find relevant documentation attached as part of this response in two documents. One lists correspondence found in scope, the other contains documentation.

Please note that the following exemptions have been applied:

Section 25(1) – Information otherwise accessible

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Where this exemption has been applied in the documents for release, a link to the information has been provided.

Section 28(1) – relations within the UK

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government, in part as it would reveal candid internal discussion about the other administration’s policies and potentially prematurely reveal negotiating positions and in addition, an occasion where the Scottish Government has been asked to keep information in confidence. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. Disclosure of this information will mean that the UK Government would likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.

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 maintaining close working relationships between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as a separate Scottish Visa. There is no public interest in disclosing information when that will damage relationships and disrupt future communications as that may impact on the effectiveness of future policy development and implementation work.

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 formulation and development of the Scottish Government’s policy on matters relating to a Separate Scottish Visa.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on a separate Scottish Visa be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

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

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching settled public positions. Disclosing the content of free and frank briefing material on migration within the documents in scope will substantially inhibit such briefing in the future, particularly because in many cases discussions on these issues are still ongoing and in some cases final decisions have not been taken, and/or these discussions relate to sensitive issues such as such as specific immigration cases and decisions made by the Home Office and relate to individual circumstances.

These exemption are 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 exemptions. 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 a private space within which officials can provide free and frank advice and views in briefing to Ministers, other officials, and appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on a separate Scottish Visa until the Government as a whole can adopt settled public positions that are sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future and is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of policy and decision making processes, which would not be in the public interest.

Section 38(1)(b) – personal data

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names of officials 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 202500456818 - Information released - Correspondence

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PDF

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1.0 MB

FOI 202500456818 - Information released - Documentation

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628.9 kB