Meeting with Parliamentary Under-Secretary of State on the Review of Electricity Market Arrangements (REMA): FOI release

Information requested

“This is a follow up request to a previous FOI response. Your ref: 202500459769

The above referenced FOI response withheld the information requested because the relevant meeting took place after the date of the FOI request. I am therefore making the same request for the same information as of today’s date.

In addition, for all other meetings between Michael Shanks and the Scottish Government which have occurred between 31st March 2025 and 28th April 2025, please provide all briefing materials prepared ahead of each meeting, along with any notes/minutes recording what was discussed at the meeting, and a full list of who attended each meeting.”

Response

I have included copies of the information you have requested in the attached documents.

Annex A - Reasons for not releasing information

The following exceptions have been applied:

An exemption applies

An exemption(s) under section(s) 38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies to personal data relating to third parties.

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.

An exemption applies, subject to the public interest test

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications about the briefing materials and note of discussion will mean that the UK Government is likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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 maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as briefing material and meeting notes. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

​​​​​​​An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice the formulation or development of government policy. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations when discussing policy formation or development. The release of these communications about the briefing materials and note of discussion will mean that the UK Government is likely to be more reluctant to discuss the formation and development in policy between the UK Government and the Scottish Government.

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 maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as briefing material and meeting notes. There is no public interest in disclosing information when that will damage the formation or development of SG policies.

​​​​​​​Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and 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 provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on UKG Minister Shanks meeting with Cabinet Secretary NZE on REMA will substantially inhibit such briefing in the future, particularly because this discussion relates to a sensitive issue where the UK Government are still to make a final decision.

These 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, 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 advice and views to Ministers in lines to take. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature 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.​​​​​​​​​​​​​​

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 202500463818 - Information Released - Annex

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