Education portfolio questions documentation: FOI release

Information requested

All documentation held about education portfolio questions on Thursday April 24, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, from the last month.

Response

There were 8 education portfolio questions on Thursday April 24. The 8 questions are listed below with links to the answers which are available on the Scottish Parliament website:

1. Sandesh Gulhane: To ask the Scottish Government whether it will provide an update on what support is available to teachers who experience physical violence or verbal abuse in schools. (S6O-04568).

2. Alexander Burnett: To ask the Scottish Government how it is ensuring access to early learning and childcare for families in rural areas, in light of reports of recent nursery closures. (S6O-04569).

3. Maurice Golden: To ask the Scottish Government what discussions the education secretary has had with ministerial colleagues regarding what action is being taken to reduce vaping in schools. (S6O-04570).

4. Neil Bibby: To ask the Scottish Government what proportion of three-year-old children receive free early learning and childcare in the week after their third birthday. (S6O-04571).

5. James Dornan: To ask the Scottish Government what impact the cessation of the inclusion of family members on UK student visas has had on university admission numbers in Scotland. (S6O-04572).

6. Sarah Boyack: To ask the Scottish Government whether it will provide an update on what steps it is taking to protect Edinburgh’s higher education sector, in light of reports of potential job losses. (S6O-04573).

7. Rona Mackay: To ask the Scottish Government what eligibility criteria and implementation guidance it has issued to local authorities regarding the use of the Care Experienced Children and Young People Fund in education settings. (S6O-04574).

8. Jeremy Balfour: To ask the Scottish Government what steps it can take to reduce the number of teachers on temporary contracts. (S6O-04575).

I have attached documentation, including emails and briefings, in relation to each of the eight PQs.

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 an exemption(s) under section(s), s. 29 (ii) Ministerial communications, s.29(iv) the operation of any Ministerial private offices, s.30 (b) (i) and (ii) free and frank exchange of views, s.30 (c) Prejudice to effective conduct of public affairs, s.38 (1) (a) and (b) personal data of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

Annex - Reasons for not providing information

Exemptions apply, subject to the public interest test

An exemption under sections s. 29 (ii) Ministerial communications, s.29(iv) the operation of any Ministerial private offices, s.30 (b) (i) and (ii) free and frank exchange of views and s.30 (c) Prejudice to effective conduct of public affairs FOISA applies to some of the information you have requested.

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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release However, this is outweighed by the public interest s. 29 (ii) Ministerial communications, s.29(iv) the operation of any Ministerial private offices, s.30 (b) (i) and (ii) free and frank exchange of views and s.30 (c) Prejudice to effective conduct of public affairs FOISA.

Section 29 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure if it relates to:

(i) the formulation or development of government policy
(ii) Ministerial communications
(iii) the provision of advice by any of the Law Officers (or any request for the provision of such advice)
or
(iv) the operation of any Ministerial private office.

Section 30 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where disclosure would, or would be likely to:

(i) prejudice substantially the maintenance of the convention of the collective responsibility of the Scottish Ministers
OFFICIAL
(ii) inhibit substantially the free and frank provision of advice
(iii) inhibit substantially the free and frank exchange of views for the purposes of deliberation
(iv) prejudice substantially the effective conduct of public affairs

An exemption applies

An exemption under section s.38 (1) (a) and (b) personal data FOISA applies to some of the information you have requested.

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.

Section 38 of the Freedom of Information (Scotland) Act 2002 (FOISA) contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is:

(i) the personal data of the person requesting the information (section 38(1)(a));
(ii) the personal data of a third party – but only if other conditions apply (section 38(1)(b));
(iii) personal census information (section 38(1)(c)); or
(iv) a deceased person’s health record (section 38(1)(d)).

2. The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the United Kingdom General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (the DPA 2018).

3. The GDPR and the DPA 2018 came into effect on 25 May 2018 and made many changes to data protection laws in the UK (and the rest of Europe). Following Brexit, the UK is no longer subject to the GDPR, but is subject to the “UK GDPR”. Anyone using this guidance should be aware that some of the cases and decisions referred to were decided under the Data Protection Act 1998 (no longer in force). Although many of the key principles are the same under the new rules, care is required to ensure that the new regime is complied with. This guidance is being updated as new decisions are issued (decisions issued under the new rules are highlighted in green in the Appendix) and as new guidance on data protection is published by the (UK) Information Commissioner (the ICO). (The ICO enforces and regulates data protection throughout the whole of the UK, including Scotland. Detailed guidance on data protection is available from the ICO.)

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 202500464266 - Information released - Document

File type

PDF

File size

4.9 MB