Briefing on energy market considerations: FOI release

Information requested

202500461036

The above referenced FOI response provided an item with the title: "Minister for Independence: Discussion on Net Zero interests 07.06.23 – file note"

That item includes the following remark:

"Ms McAllan to be offered a separate briefing on energy market considerations"

Please provide the following information:

(1.) Did Ms McAllan take up the offer of the separate briefing on energy market considerations?

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

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

Response

After conducting our search, we found that Ms McAllan was offered a deep dive on energy markets in summer 2023; however, this ultimately did not take place. We have, however, provided material that was drafted in preparation for the meeting.

While our aim is to provide information whenever possible, in this instance, exemptions under section 30(b)(i) (free and frank provision of advice) and section 38(1)(b) (personal information) have been applied to 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 202500465530 - Information released - Documents

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