Former Crofting Commission CEO information: EIR release

Information requested

Copies of the following documents which relate to Mr William Barron, or known as, Mr Bill Barron Former CEO of Crofting Commission.

1, Current terms of employment in connection with his role /involvement with Crofting Reform Bill.

2, Terms of departure from Scottish Government employment at Crofting Commission.

3, Current financial cost to Scottish Government for the services currently provided which involve William Barron.

4, Business Appointment Application form as currently held by Scottish Government.

5, Any relevant agreement held by Scottish Government which in any form provides for William Barron, or any company supplying William Barron services to Scottish Government in relation to the Crofting Reform Bill team.

6, Any correspondence, to include email, telephone calls or what ever form such communications may have taken place, both sent and received, between William Barron and the Crofting Commission involving any member of staff from the period 3-1-23 to 1-5-25.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I enclose a copy of some of the information you asked for in point 6 of your request in the attached PDF document. These comprise a number of emails within the scope of your request.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have asked for in point 6 of your request. Specifically any correspondence relating to the period from 3 January 2023 to 21 January 2024, as Mr Barron did not start working with the Scottish Government Crofting Bill Team until 22 January 2024. Therefore we are refusing your request for information from this period under the exception at regulation 10(4)(a) (information not held) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

We are also, in this instance, unable to provide any of the information you have asked for in points 1 to 5, and some of the information sought in point 6, of your request because an exception under regulation 11(2) (personal information) of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter.

In addition we are unable to provide some of the information that you have asked for in point 6 of your request because an exception under regulation 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter.

Annex A – Reasons for not providing information

The Scottish Government does not have the information

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have some of the information you have asked for in point 6 of your request. Specifically correspondence relating to the period from 3 January 2023 to 21 January 2024 as Mr Barron did not start working with the Scottish Government Crofting Bill Team until 22 January 2024.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception, since clearly we cannot provide information which we do not hold.

An exception applies

Regulation 11(2) – applicant has asked for personal data of a third party

An exception under regulation 11(2) of the EIRs (personal information) applies to all of the information you have asked for in points 1 to 5 [and some of the information requested in point 6] of your request because 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 exception 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 exception.

Regulation 10(4)(e) – internal communications [in relation to general policy and decisionmaking]

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have asked for in point 6 of your request because it is internal communication between Scottish Government officials and their counterparts at the Crofting Commission pertaining to the development of policy relating to the reform of crofting law. The Crofting Commission is an executive NDPB, responsible for regulating, reorganising and promoting crofting, and for keeping under review matters relating to crofting. While the Commission operates independently in discharging its regulatory duties, it is staffed by Scottish Government civil servants and has been closely involved in the detailed development and discussions on the reform of crofting law. We therefore consider these communications to be internal in nature.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s scope for action. As the Crofting and Scottish Land Court Bill is just beginning its passage through Parliament, these remain live issues.

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.

EIR 202500464409 - Information released - Document

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PDF

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4.1 MB