Winter Fuel Payment documentation: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received (including internal) minutes/notes from meetings, briefings, analysis, about the Winter Fuel Payment, from the last month.

Response

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

Some of the information you have requested, regarding documentation about the Winter Fuel Payment from the last month, is available at:

• Meeting of the Parliament: 29/05/2025 | Scottish Parliament Website.
• UK Government urged to abandon disability benefit cuts - gov.scot
• First Minister calls for national mission to raise living standards - gov.scot
• https://www.bbc.co.uk/programmes/b0074hf7/episodes/player - episode from 22 May 2025

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

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 an exemption under sections s.28(1) (Relations within the UK), s.30(1)(b) (Free and frank provision of advice or exchange of views) and s.38(1)(b) (personal information) of FOISA applies to the information. The reasons why these exemptions apply are explained below.

Section 28(1) - Relations within the UK

An exemption under section 28(1) (relations within the UK) applies to some of the information you have requested. This exemption applies because disclosure would, or would likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for effective administration of the UK as a whole that there should be regular, and often private, communications between the UK Government and the other devolved administrations. The release of these communications about the Winter Fuel Payment will mean that the UK Government is likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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, there is a greater public interest in maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as potential changes by the UK Government to the Winter Fuel Payment. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

Section 30(1)(b)(i) and (ii) - Free and Frank Provision of Advice / Exchange of Views

Exemptions under both section 30(1)(b)(i)(free and frank provision of advice) and section 30(1)(b)(ii) (free and frank exchange of views) apply to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views. This recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position. In addition, officials also require a private space in which to conduct frank discussions and to provide free and frank advice to other officials. This private and safe thinking space is essential to enable all options to be properly considered and based on the best available advice so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank provision of advice or discussion of issues between Ministers and officials, which in turn, will undermine the quality of the decision-making process, which would not be in the public interest.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all of 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, this is outweighed by the public interest in allowing a private space for officials to facilitate the free and frank provision of advice or exchange of views regarding the Scottish Government’s position on the Winter Fuel Payment.

Section 38(1)(b) - Personal Information

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, for example, names and contact details of junior members of staff or individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations 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 202500468815 - Information released - Documents

File type

PDF

File size

1.4 MB