Scottish Government’s Resilience Room documentation regarding Galloway wildfire: FOI release

Information requested

A copy of any meeting minutes, external as well as internal correspondence, read out of phone calls or any other documentation which relates to the Scottish Government’s Resilience Room (SGoRR) meeting on the evening of 6th April to discuss the response to an ongoing wildfire in the area of Galloway.

Response

I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some o] the information you have requested because a number of exemptions under sections of FOISA applies to that information (Appendix A provides further information):

s.29(1)(a) (policy formulation)
s.30(a) (collective responsibility of Scottish Ministers)
s.30(b) (free and frank provision of advice or exchange of views)
s.30(c) (effective conduct of public affairs)
s.38(1)(b) (personal data of a third party).

Appendix A

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the deliberation of the Scottish Government’s policy on wildfire management.

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 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 on Scottish Government’s policy on wildfire management will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Sections 30(b)(i) and 30(b)(ii) – free and frank exchange of views for the purposes of deliberation [in relation to SPQ background notes, Ministerial/media briefings, lines to take, etc.]

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final policy, activity or media lines are used. Disclosing the content of free and frank briefing material on wildfire management policy, SGORR activities and Media lines will substantially inhibit such activities in the future, particularly because these discussions relate to a sensitive or controversial issue.

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 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, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in regards to policy, SGORR activations and media presentation/lines. It is clearly in the public interest that Ministers can properly provide sound information to the public and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

30(c) - effective conduct of public affairs

Exemptions under sections 30(c) of FOISA (effective conduct of public affairs) apply to some of the information requested. These exemptions apply because disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. Under this section, we have exempt material which relates to the specifics of the emergency notification system in operation within the Scottish Government Resilience Room (SGORR) to allow key stakeholders, including responders, to contact SGORR urgently. Release of the exempt material could negatively impact the effectiveness of the alert system by increasing non-emergency related communications.

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 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, and to inform public debate. However, there is a greater public interest in enabling SGORR to maintain a functioning alerts system. It is clearly in the public interest that the Scottish Government has the required systems in place to ensure that it is able to handle urgent messaging from relevant stakeholders in relation to civil contingencies emergencies.

Section 38(1)(b) – applicant has asked for personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to all of the information requested because it is personal data of a third party, e.g. names and 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.

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FOI 202500466748 - Information Released - Documents

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