Queries regarding draft responses to Freedom of Information requests: FOI release

Information requested

1. Between 1 January 2025 and present date, on how many occasions, broken down by Scottish Government Minister/Cabinet Secretary, has a Scottish Government Minister or Cabinet Secretary, when presented with a draft response to a Freedom of Information Request, responded with any other decision than approving of that draft response as is*.

2. Between 1 January 2025 and present date, on how many occasions, broken down by Scottish Government Minister/Cabinet Secretary, has a Scottish Government Minister or Cabinet Secretary, when presented with a draft response to a parliamentary written question, responded with any other decision than approving that draft response as is.

3. Copies of all written materials held by the Scottish Government relating to information requests and parliamentary written questions qualifying under (1) and (2).

4. Between 1 January 2025 and present date, on how many occasions, broken down by Scottish Government Minister/Cabinet Secretary, has a Scottish Government Minister or Cabinet Secretary been presented with a) a draft response to a Freedom of Information Request and b) a draft response to a parliamentary written question.

*Doing otherwise than approving a draft response would include, but not necessarily be limited to, a flat rejection of the draft response or any kind of request for changes

Response

As you have requested information on both FOIs and PQs, we have divided this into two separate requests to ensure your questions are being answered by the appropriate subject matter colleague. This response is addressing the FOI questions only (questions 1, 3 & 4).

1. Between 1 January 2025 and present date, on how many occasions, broken down by Scottish Government Minister/Cabinet Secretary, has a Scottish Government Minister or Cabinet Secretary, when presented with a draft response to a Freedom of Information Request, responded with any other decision than approving of that draft response as is*.

There were two draft FOI responses from 1st January and 30th April 2025 where the Cabinet Secretary requested minor amendments to the draft response. These have been broken down by Cabinet Secretary in the table below. There were no instances of a Minister or Cabinet Secretary rejecting a draft response between these dates.

Minister/Cabinet Secretary	Times presented with a draft FOI where the response was amended or rejected
Cabinet Secretary for Finance and Local Government	1
Cabinet Secretary for Social Justice	1

For information, Ministers will only be sent cases that have been graded Sensitive in line with guidance from the SIC published at govscot:document (www.gov.scot). However, the grading of an FOI can change over its lifecycle and some, initially graded as Sensitive, may well be downgraded as the relevant material proposed for release was considered.

3. Copies of all written materials held by the Scottish Government relating to information requests qualifying under (1) and (2).

We have interpreted your request as looking for written materials related to question 1, where an amendment was made by the SG Minister or Cabinet Secretary on the draft FOI response.

I enclose a copies of the information you requested in relation to the 2 amended cases.

Attachment 1 contains the clearance emails sent to the Cabinet Secretary for Social Justice. Further redactions were requested and the response has now been published and is available on the Scottish Government website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Abolition of the two child cap in Scotland: Discussion and Analysis: FOI Review - gov.scot

Attachment 2 contains the clearance emails and draft response sent to the Cabinet Secretary for Finance and Local Government. This response has not been published due to no new information being released, so the final response has also been included in Attachment 3.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data, i.e. names and contact details, 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.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) 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 provision of advice. The exemption recognises the need for officials to provide free and frank advice as they conduct their duties. Disclosing the content of free and frank information will substantially inhibit such information in the future. This exemption is subject to the public interest and prejudice test. 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 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 exchange of advice. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice in the future, which would not be in the public interest as it would substantially prejudice the ability of Ministers and Scottish Government officials to engage with each other.

4. Between 1 January 2025 and present date, on how many occasions, broken down by Scottish Government Minister/Cabinet Secretary, has a Scottish Government Minister or Cabinet Secretary been presented with a) a draft response to a Freedom of Information Request.

I enclose below the information you requested.

Minister/Cabinet Secretary	Times presented with a draft FOI response
First Minister	5
Deputy First Minister and Cabinet Secretary for Economy and Gaelic	7
Cabinet Secretary for Finance and Local Government	21
Cabinet Secretary for Health and Social Care	5
Cabinet Secretary for Education and Skills	1
Cabinet Secretary for Net Zero and Energy	5
Cabinet Secretary for Transport	1
Cabinet Secretary for Constitution, External Affairs and Culture	1
Cabinet Secretary for Social Justice	22
Cabinet Secretary for Justice and Home Affairs	1
Minister for Parliamentary Business	3
Minister for Employment and Investment	1
Minister for Public Finance	2
Minister for Climate Action	3
Minister for Agriculture and Connectivity	2
Minister for Public Health and Women's Health	3
Minister for Social Care, Mental Wellbeing and Sport	1
Minister for Equalities	2
Minister for Housing	1

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 202500464096 - Information released - Attachments

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