Briefing materials and minutes between Scottish Government Ministers and Officials regarding zonal pricing meeting: FOI release

Information requested

“This is a follow up request to a previous FOI response. Your ref: 202500457230

The above referenced FOI response provided an email sent to the Cabinet Secretary for Net Zero and Energy on 21st February 2025, with the subject line "OFFICIAL SENSITIVE - Review of Electricity Market Arrangements - Zonal Pricing - Options and Evidence Submission".

The email referenced a meeting which was scheduled to occur on 26th February 2025 - a deep dive with officials on zonal pricing.

Please provide all briefing materials prepared for all participants in this meeting, along with any notes/minutes recording what was discussed at the meeting, and a full list of who attended the meeting.”

Response

Request for copies of briefing materials and minutes of the 26 February 2025 meeting between Scottish Government Ministers and Officials regarding zonal pricing

I have included copies of the information you have requested in Annex B.

On reviewing materials within the scope of your request, exemptions have been applied in line with FOISA. The exemptions applied can be found in Annex A.

ANNEX A

Exemptions under section 29(1)(a) (formulation or development of Scottish Government Policy) and under section 30(b)(i) of FOISA (free and frank exchange of advice) applies to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice for the purposes of deliberation. These exemptions recognise the need for Ministers and officials to have a private space to discuss matters pertaining to the development of Scottish Government policy.

The exemptions are 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 exemptions. 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. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with each other. This private space is essential so that good policy decisions can be taken based on fully informed advice and evidence.

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, in this instance the names and contact information of Scottish Government officials and third parties, 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 202500459761 - Information Released - Annex B

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