Ministerial salary increase timing and messaging records: FOI Review

Information requested

Original request 202500462016

Access to records related to the timing and public messaging of the recent ministerial salary increase. Specifically:

1. **Internal Communications:**
- Emails, meeting minutes, and memos between the Office of the First Minister and the Public Relations teams discussing how the timing of the announcement was chosen.
- Any correspondence considering potential public backlash or ways to mitigate negative reactions.

2. **Public Relations Strategy:**
- Draft speeches, talking points, and strategy documents on how the government planned to justify the increase to the public.
- Discussions about alternative messaging approaches that were considered but ultimately rejected.

3. **Media Engagement Discussions:**
- Records detailing when the decision was finalized and how media inquiries were expected to be handled.
- Any guidance provided to ministers on how to respond to criticism.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for access to records related to the timing and public messaging of the recent ministerial salary increase. Specifically:

1. **Internal Communications:**
- Emails, meeting minutes, and memos between the Office of the First Minister and the Public Relations teams discussing how the timing of the announcement was chosen.
- Any correspondence considering potential public backlash or ways to mitigate negative reactions.

2. **Public Relations Strategy:**
- Draft speeches, talking points, and strategy documents on how the government planned to justify the increase to the public.
- Discussions about alternative messaging approaches that were considered but ultimately rejected.

3. **Media Engagement Discussions:**
- Records detailing when the decision was finalized and how media inquiries were expected to be handled.
- Any guidance provided to ministers on how to respond to criticism.

I have concluded that the original decision should be confirmed, with modifications.

The original response stated that some of the information requested is available on the Scottish Parliament website and linked to the First Minister's answer to a question from Rona Mackay MSP on 3 April 2025 on MSP pay for its ministers. The response states that under section 25 (1) of FOISA, we do not need to give you information which is already reasonably accessible to you. However, having reviewed the use of this exemption my view is this information does not directly relate to the questions asked and therefore did not need to form part of the response.

The response also stated that under section 17(1) of FOISA, the Scottish Government does not hold the information you have requested under Parts 1 and 2 of your request. Having reviewed the material supplied to the original responder I uphold this exemption. None of the material submitted involves discussion between the Office of the First Minister and the Public Relations team (which we have interpreted as the communications department and special advisers office) regarding timing of the announcement, public backlash or ways to mitigate negative reactions. The material also does not include draft speeches, talking points or strategy documents on how the government planned to justify the increase in pay nor does it contain discussion about alternative messaging approaches that were considered but rejected.

In response to part 3 of the request, the original responder included an annex of redacted emails. This annex was accidently not attached to the original response, but was later sent to you. Apologies again for this.

I have reviewed the annex and enclose with this response letter an updated annex. On review I found there were duplicate emails included in the original annex. There were also attachments referenced in emails which were not included in the material. I have removed duplicate emails and also added the missing attachments.

While I uphold the decision to use the following exemption in the annex: s.38(1)(b) (personal information), my view is that s.29(1)(a) (formulation or development of government policy) and s.30(b)(i) (free and frank provision of advice), were wrongly used for some of the material and instead some of the material should not have been redacted, while other parts should have been redacted under s.30(b) (ii) (free and frank exchange of views for the purpose of deliberation). I have corrected this in the updated annex.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views for the purpose of deliberation) applies to some of the information requested. This exemption has been used for draft decisions, FMQ briefs, media lines and GIQ. It applies because disclosure would, or would be likely to, inhibit the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss issues and options before the Scottish Government reaches a settled public view.

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. 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 Ministers and officials a private space within which to communicate.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, eg names/contact details of individuals 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 202500466490 - Information released - Annex

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