Briefings to Ministers on the electricity market and/or wider net zero issues: FOI release

Information requested

This is a follow up request to a previous FOI response. Your ref: 202500461036

The above referenced FOI response provided an item with the title "Minister for Independence: Introduction to Building a New Scotland: Net Zero Policy: 31.05.23 –file note"

That item includes the following remark:

"Officials confirmed that Ms McAllan and Mr Gray had also been offered briefings on both electricity market and wider net zero issues."

Please provide the following information:

(1.) Did either Ms McAllan or Mr Gray take up the offer of briefings from officials on the electricity market and/or wider net zero issues?

(2.) If any such briefings did occur, please provide all briefing materials prepared for either Ms McAllan or Mr Gray, along with any notes/minutes recording what was discussed at briefing meetings, and a full list of who attended the meetings.

(3.) If no such briefings occurred, please provide any draft briefing materials prepared in relation to the offer of the briefings.

Response

Civil servants provide policy briefings to Ministers in a wide range of ways, including written briefings and verbal briefings. 

Policy areas across the Scottish Government are expected to consider net zero, for example, Nature Scot, Scottish Forestry, Transport Scotland, Zero Waste Scotland and Marine Scotland. An initial search found at least 10,000 documents containing the term “net zero”, however the actual number of documents containing this term will be far greater.

You did not provide a date range for the information you are seeking, nor did you confirm in which official capacity you are asking about Ms McAllan and/or Mr Gray. For the purposes of your request, and based on your previous request, we have interpreted it as information relating specifically to verbal briefings on the electricity market provided to:

• Mr Gray, in his capacity as Cabinet Secretary for Wellbeing Economy, Fair Work and Energy in March 2023 – February 2024.
• Ms McAllan, in her capacity as Cabinet Secretary for Net Zero and Just Transition in March 2023, and from February 2024 to June 2024 when she was Cabinet Secretary for Wellbeing Economy, Net Zero and Energy.

Ms McAllan and Mr Gray were offered a deep dive meeting on electricity markets and Building a New Scotland, but this did not take place.

Mr Gray was offered a deep dive meeting on electricity markets in early 2023 alongside the Minister for Energy and Environment. Mr Gray received briefings for the purpose of this proposed deep dive on 6 April 2023 and 30 May 2023, but was not able to attend.

The documentation relating to these meetings is attached at annexes A through to E.

Exemptions under section 29(1)(a) (formulation or development of government policy) and section 30(b)(i) (free and frank provision of advice) 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

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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 202500465514 - Information released - Documents

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