Scottish Enterprise funding for companies in the defence sector: FOI release

Information requested

Any information or communication held related to discussions between the Scottish Government and Scottish Enterprise on the subject of Scottish Enterprise funding for arms companies/companies in the defence sector, OR on the subject of Scottish Enterprise’s human rights checks between July 1st 2024 and the present date.

Response

I enclose a copy of some 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 of exemptions under section(s) 25(1) (otherwise accessible), 30(b)(ii) (substantial inhibition to free and frank exchange of views), 33(1)(b) (substantial prejudice to commercial interests), and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why the exemptions apply are explained below.

Please also note that there was information amongst the information you requested, which was out of scope of your request. This information is therefore exempted and will appear redacted.

Section 25(1) (otherwise accessible)

Some of the information you have requested is available from https://www.gov.scot/publications/foi-202400422636/ in response to part (c) of FoI 202400422636. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Section 30(b)(ii) (substantial inhibition to free and frank exchange of views)

An exemption under section 30(b)(ii) (substantial inhibition to free and frank exchange of views) of FOISA applies to some of the information you have 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 officials to have a private space within which to discuss issues and options internally and with external stakeholders to inform Scottish Government decision making. Disclosing the content of these discussions will substantially inhibit such discussions in the future, because these officials and/or stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly if discussions are still ongoing or if decisions have not been taken.

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 communicate as part of the process of exploring and/or refining the Government’s position. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

33(1)(b) (substantial prejudice to commercial interests)

An exemption under section 33(1)(b) (substantial prejudice to commercial interests) of FOISA applies to some of the information you have requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership, but in this instance relates to several companies.

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.

38(1)(b) (personal information)

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested as it is personal data of a third party 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 202500462507 - Information released - Annex

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