Activities and communications of the Cabinet Secretary for Finance and Local Government: FOI Review

Information requested

Original Request - 202500453893

All information held by the Scottish Government relating to the activities and communications of the Cabinet Secretary for Finance and Local Government (‘CabSec’) on Monday 17 February 2025 (from 0:00 AM to 24:00 PM).

This should include but not necessarily be limited to the following for that day:

1. Copies of all briefings, reports, and other documentation provided to the CabSec

2. Copies of all digital and physical communications made to and from the CabSec, and any held records of verbal communications made

3. A list of all of the CabSec’s engagements and meetings, including any minutes made of these. If there exists an official ‘agenda’ for the CabSec’s day please also provide this.

4. Information relating to the CabSec’s movements (ministerial cars between locations, other modes of transport which the Scottish Government holds information on, and times of scanning in and/or out of buildings’ digital security systems

5. Login times and locations by the CabSec to Scottish Government computer systems.

6. Copies of all orders/instructions/decisions issued by the CabSec

7. Scottish Government awareness of other information relevant to the CabSec’s day which is held by other public bodies but not by the Scottish Government

Please also provide the same information for Wednesday 5 February.

Response

Further to our acknowledgement of 1 April 2025, I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for all information held by the Scottish Government relating to the activities and communications of the Cabinet Secretary for Finance and Local Government (‘CabSec’) on Wednesday 5 February and Monday 17 February 2025.

You requested a review of the exemptions used, in particular in relation to the public interest test. I have concluded that the original decision should be confirmed.

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 issues including discussion of budget decisions and financial implications will substantially inhibit the provision of such advice in the future, and limit the ability of Ministers to take decisions in the round.

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 position on the budget and a wide range of financial decisions until the Government as a whole can adopt 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 financial decisions can be taken across the board. 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 30(b)(ii) of FOISA (free and frank exchange of views) also applies 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 on cross-government financial priorities and decisions will substantially inhibit such discussions in the future, particularly because discussions and monitoring of outcomes and adjustments are ongoing.

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 overall budgetary position that is sound and likely to be effective. This private thinking space is essential to enable 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 and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

In your review request you also asked for a copy of the information provided in a ‘blacked out’ redaction format, which I have attached. I will also email directly one document which cannot be issued via the case management system due to its size.

I enclose a copy of of the information previously provided in the format you asked for. 

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 202500459058 - Information Released - Annex A

File type

PDF

File size

9.8 MB

FOI 202500459058 - Information Released - Annex B

File type

PDF

File size

14.5 MB