Meeting notes regarding Discussion on Zonal Pricing and Reformed National Market: FOI release

Information requested

This is a follow up request to a previous FOI response. Your ref: 202500459761

The above referenced FOI response included notes on a meeting - Discussion on Zonal pricing and Reformed National Market - which took place on 26th February 2025. Under the heading “summary of actions” it said: “Officials to send a further submission”

Please provide that further submission, along with all internal correspondence discussing its drafting.

Response

I enclose a copy of some of the information you requested in the format you asked for

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you requested because exemptions under sections s.29(1)(a), s.30(b)(i), s.30(b)(ii), s.30 (c) and s.38(1)(b) of FOISA apply to some of that information.

Exemptions under section 29(1)(a) (formulation or development of government policy), section 30(b)(i) (free and frank provision of advice), section 30(b)(ii) (free and frank exchange of views) and section 30 (c) (effective conduct of public affairs) have been applied to some of the information you requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice and views 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) (personal information) of FOISA 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 202500464077 - Information Released - Annex A

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