Cabinet Secretary for Economy's meetings with the Night Time Industries Association: FOI release

Information requested

Names and organisations of all attendees, copies of all briefings, readouts and other meeting memoranda, copies of correspondence including letters, emails and attachments between Kate Forbes MSP and the NTIA generated in the period 01 July - 30 September 2024. Related to below meetings:

2024-07-14 - Kate Forbes MSP met with Night Time Industries Association for regarding lobbying on night time economy issues and opportunities relating to the Budget and Barnett consequentials to support business rates with business rate relief at 75% then 40%; and offering views to support business.

2024-08-27 - Kate Forbes MSP met with Night Time Industries Association regarding lobbying on night time economy issues and opportunities relating to the Budget and Barnett consequentials to support business rates with business rate relief at 75% then 40%; and offering views to support business.

2024-09-03 - Kate Forbes MSP met with Night Time Industries Association regarding lobbying on night time economy issues and opportunities relating to the Budget and Barnett consequentials to support business rates with business rate relief at 75% then 40%; and offering views to support business.

2024-09-17 - Ivan McKee MSP met with Night Time Industries Association regarding lobbying on night time economy issues and opportunities relating to the Budget and Barnett consequentials to support business rates with business rate relief at 75% then 40%; and offering views to support business.

Response

I enclose copies of all of the information you requested. We have assumed that your request related to the following meetings (that took place on a day after the dates noted in your request):

• 15 July 2024 – Deputy First Minister and Cabinet Secretary for Economy and Gaelic meeting with the Night Time Industries Association (NTIA)
• 28 August 2024 – Deputy First Minister and Cabinet Secretary for Economy and Gaelic meeting with NTIA
• 4 September 2024 – Scottish Hospitality Roundtable meeting (attended by NTIA); and
• 18 September 2024 – Minister for Public Finance meeting with NTIA

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections: s.38(1)(b) (personal information) and s30(b)(i) (free and frank provision of advice) of FOISA apply to that information.

The exemption under section 38(1)(b) (personal information) applies to a small amount of the information requested because it is the personal data of a third party, i.e. the names or 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.

An exemption under section 30(b)(i) applies to a small amount of the information requested in documents 9 and 12. The exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for Ministers to have a private space within which to discuss issues and options internally before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future, particularly because these discussions regularly occur in the context of the Scottish Budget each year.

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 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 Ministers and officials, and Ministers and stakeholders, a private space within which to communicate as part of the process of exploring and refining the Government’s policy position on non-domestic rates. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. Disclosure is likely to undermine the full and frank discussion of issues within the Scottish Government, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

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FOI 202500468283 - Information released - Documents

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