Documentation and correspondence regarding bank closures: 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 bank closures, from the last two months.

Response

1. I enclose a copy of all of the information you requested in PDF format.

2. 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 exemptions under sections 30 (b)(i),(ii) (free and frank exchange of views), 33 (1)(b) (commercial interests) and 38 (1)(b) (personal information) of FOISA applies to that information. The reasons why those exemptions are outlined below.

Section 38 (1)(b) (personal information)

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e., names and personal data information of officials below SCS and non-senior external stakeholders. Disclosing this information 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.

Section 30 (b)(ii) and (ii) (free and frank exchange of views)

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 lines are used. Disclosing the content of free and frank briefing material on bank branch closures and related matters will inhibit such briefing in the future. Additionally, this exemption recognises the need for Ministers and officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these internal discussions between officials and external discussions with stakeholders will substantially inhibit such discussions in the future.

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 briefings and press lines to take, as well as allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on bank branch closures and related matters. It is in the public interest that Ministers can properly defend the Government’s policies and decisions. Furthermore, this private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure of this type of information could lead to a reduction in comprehensive and frank advice and views in the future, which would not be in the public interest. Disclosure could also undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision-making process, which would not be in the public interest. It is also in the public interest to avoid the loss of stakeholder confidence in cases where they thought they were providing comments in confidence.

Section 33 (1)(b) (Commercial Interests)

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests stakeholders as it would make private commercial information publicly available which would undermine their commercial interests and erode trust between Scottish Government and external stakeholders.

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 and transparent government. However, there is a greater public interest in protecting the commercial interests of companies to ensure trust and the continued open exchange of information.

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 202500468816 - Information Released - Annex

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PDF

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910.8 kB