Background Notes for Deputy First Minister Portfolio Questions: FOI Review

Information requested

Original Request 202500455812 

Copies of all background notes provided to Scottish Ministers for Deputy First Minister Responsibilities, Economy & Gaelic Portfolio Questions sessions between*:

a. 1 January 2025 and 4 February 2025
b. 6 February 2025 and present date

*This refers to the date of the session, not date of provision of background note. The time period I want considered for the provision of background note should be from 1 March 2024 to present.

Response

Thank you for your email of 31 March in which you are seeking a review of the response to your earlier request - ref. number 202500455812 .

Copies of all background notes provided to Scottish Ministers for Deputy First Minister Responsibilities, Economy & Gaelic Portfolio Questions sessions between*:

a. 1 January 2025 and 4 February 2025
b. 6 February 2025 and present date

*This refers to the date of the session, not date of provision of background note. The time period I want considered for the provision of background note should be from 1 March 2024 to present.

I have concluded that the original decision should be confirmed with modifications.

Firstly, I apologise for the error where you did not receive the information to be released to you. I have attached it now. This was an administrative error.

However, I consider that some of the information you have requested is being withheld under 29(1)(a), 30(b)(i) and 38(1)(b) of FOISA and the reasons for this decision is as follows ;

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 development of the Scottish Government’s policy on future economic development and future investment.

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 future economic development and future financial investment 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.

Section 30(b)(i) – free and frank provision of advice to ministers

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, particularly advice between officials and ministers.

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 future will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and future economic and policy future funding decisions are still to be finalised.

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 future economic development and future financial investment until the Government as a whole can endorse a decision that is sound and support economic and social growth and development within Scotland.

This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that sound and 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.

Section 38(1)(b) – allows personal data to be redacted from the a document

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 and contact details of Scottish Government employees/officials.

Disclosing the information 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 202500459692 - Information Released - Annex

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