Documentation regarding pledge to return £46m to farmers and crofters: FOI release

Information requested

All documentation held by the Scottish Government about the pledge to return £46m in funding to farmers and crofters by 2026 including correspondence sent and received, briefings, minutes/notes from meetings, analysis, from the last three months.

Response

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

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 25(1) (information otherwise accessible), section 29(1)(b) (ministerial communications), section 30(b)(i) (free and frank advice) and section 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

An exemption under section 25(1) of FOISA (information otherwise accessible) applies to some of the information you have requested. This applies to two letters to the Convener of the Rural Affairs Committee, which are available in full on the Scottish Parliament website. The first, which was part of Document 5, is available at https://www.parliament.scot/-/media/files/committees/rural-affairs-andislands-committee/correspondence/2024/prebudget-scrutiny-2025-to-2026-bew-letter.pdf, and the
second, which was a separate document, is available at: Budget 2025 to 2026 of 25 February 2025 | Scottish Parliament Website.

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.

An exemption under section 29(1)(b) of FOISA (Ministerial communications) applies to some of the information requested because it relates to communications between Scottish Ministers.

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 a private space within which issues can be explored and refined, until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the decision making process.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on handling potential communications will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to controversial issues relating to the Scottish Budget that may or may be raised.

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 a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s policy position on agriculture funding, until the Government as a whole can adopt a final position on an issue. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good 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 decision making process, which would not be in the public interest.

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/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 202500457122 - Information released - Attachment

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