Instrumental music tuition correspondence with Scottish Local Authorities: FOI release

Information requested

Any correspondence in the last 2 years between the Scottish Government and Scottish Local Authorities relating to instrumental Music Tuition.

Response

To respond to your request, I have attached 7 correspondence documents between Scottish Government and Scottish Local Authorities relating to Instrumental Music Tuition. An exemption under section s.38(1) of FOISA applies to some of the information you have 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 principes 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.

Whilst our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applied to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions for these select correspondence would substantially inhibit such discussions in the future, particularly because these discussions were used to inform ministers and answer parliamentary questions.

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 Ministers and officials a private space within which to explore and refine the Government’s position on instrumental music tuition, in order to ensure a sound and effective policy. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Please note that 3 documents were withheld under section 30(b)(i) and not released as the full content is covered under section 30(b)(i).

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 202500456830 - Information released - Documents

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