Fiscal Framework review: FOI release

Information requested

Appearing before the Finance and Public Administration Committee on 20th May 2025, Shona Robison said this:

“We’ve asked for a proper review of the fiscal framework beyond just around the margins and we’ve asked Treasury to have a more fundamental review of the fiscal framework. As yet we’ve not had any indication that the UK Government would be up for a more general wider review. But we’ll continue to pursue that.”

Please provide the following information, in all cases restricting to information created after 1st May 2021.

1. On what date did the Scottish Government ask the UK Government for “a more fundamental review of the fiscal framework”?

2. How was the request made?

3. If the request was made in writing, please provide that correspondence, as well as any reply received.

4. If the request was made in a meeting, please provide provide all briefing materials prepared ahead of the meeting, any notes/minutes recording what was discussed at the meeting, and a full list of who attended the meeting.

5. If the Scottish Government has made this request on more than one occasion, please answer questions (1.) to (4.) for each occasion on which the request was made.

Response

The first review of the Fiscal Framework concluded in 2023, with the revised agreement being published on 3 August 2023. The remarks made by the Cabinet Secretary for Finance and Local Government were made in reference to a second review of the Fiscal Framework. Therefore, we have interpreted your request to relate to any asks of the UK Government for "a more fundamental review of the fiscal framework" following the conclusion of the first review of the Fiscal Framework.

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

​​​​​​​Exemptions under section 28 (substantial prejudice to UK relations) and section 30 b (i) (free and frank provision of advice) of FOISA applies to some of the information you have requested. The reasons why these exemptions apply are explained below.

​​​​​​​Exemptions under section 28 (substantial prejudice to UK relations) apply to some of the information requested. This is because it relates to discussions between the Scottish and UK governments held in a confidential space. 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 some public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing a private space within which officials and Ministers from different governments can exchange views and information freely. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such discussions in the future, which would not be in the public interest as it would substantially prejudice the ability of Scottish and UK government Ministers and Scottish Government and UK Government officials to engage with each other.

​​​​​​​Exemptions under section 30 b (i) of FOISA (free and frank provision of advice) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange provision of advice for the purposes of deliberation.

The exemption recognises the need for officials to provide free and frank advice as they conduct their duties. Disclosing the content of free and frank information will substantially inhibit such information in the future. This exemption is subject to the public interest and prejudice test. 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 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. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice in the future, which would not be in the public interest as it would substantially prejudice the ability of Ministers and Scottish Government officials to engage with each other.​​​​​​​

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 202500468195 - Information released - Annex

File type

PDF

File size

144.6 kB