Cabinet Secretary for Finance and Local Government's letter to House of Commons Scottish Affairs Committee: FOI release

Information requested

Please provide all internal Scottish Government correspondence related to the drafting of Shona Robison‘s letter to the House of Commons Scottish Affairs Committee, dated 16th January 2025.

In addition, please answer the following three questions:

1. When did John Swinney become aware of the contents of this letter?

2. When did Kate Forbes become aware of the contents of this letter?

3. Did either John Swinney or Kate Forbes sign off on the contents of the letter before it was sent?

Response

The answer to your questions are:

1. The Scottish Government does not hold a record of when the First Minister became aware of the contents of the letter.

2. The Scottish Government does not hold a record of when the Deputy First Minister and Cabinet Secretary for Economy and Gaelic became aware of the contents of the letter.

3. The First Minister and the Deputy First Minister and Cabinet Secretary for Economy and Gaelic were not required to clear the contents of the letter before it was sent to the House of Commons Scottish Affairs Committee.

I also enclose a copy of some of the information you requested regarding to the correspondence relating to the drafting of Shona Robison‘s letter to the House of Commons Scottish Affairs Committee, dated 16th January 2025.

Exemptions under section 29(1)(a) (formulation of Government policy), section 30(b)(i) and 30(b)(ii) (free and frank provision of advice and free and frank exchange of views) and section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. The reasons why these exemptions apply are explained below.

Exemptions under section 29(1)(a) of FOISA (formulation or development of Government policy) apply to some of the information requested. This is because it relates to the formulation of government policy involving consideration and development of options for 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 this 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, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether discussions will 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.

Exemptions under section 30 b (i) and (ii) of FOISA (free and frank provision of advice and free and frank 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 exchange provision of advice and the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for officials to provide free and frank advice and to engage in a free and frank exchange of views as they conduct their duties. Disclosing the content of free and frank information will substantially inhibit such information in the future. This exemption is subject to the public interest and prejudice test. 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 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 exchange of views. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest as it would substantially prejudice the ability of Ministers and Scottish Government officials to engage with each other.

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, i.e. names and contact details, 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.

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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 202500459046 - Information Released - Annex

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