Climate Change Committee report correspondence: EIR release

Information requested

1. Please can you share any correspondence sent to:

• Mairi Gougeon
• Jim Fairlie
• John Swinney

Which considers the recommendations from the recent Climate Change Committee report.

2. Please can you share any correspondence sent from:

• Mairi Gougeon
• Jim Fairlie
• John Swinney

Which considers the recommendations from the recent Climate Change Committee report.

3. Please can you share any briefings prepared which relate to the Climate Change Committee’s recent report.

Response

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

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 exceptions under regulations 10(4)(e) (internal communications), regulation 11 (personal data), section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) of the EIRs applies to that information. The reasons why those exceptions apply are explained in the Annex to this letter.

ANNEX

An exception applies

An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested. Regulation 10(4)(e) allows authorities to refuse to disclose internal communications.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because of the necessity to ensure free and open government, including public knowledge of government communications. However, this is outweighed by the public interest in ensuring that officials can have free, frank and open discussion on policy areas which may be in draft.

An exception under regulation regulation 11 (personal data) of the EIRs applies to some of the information you have requested. Regulation 11 of the Environmental Information (Scotland) Regulations 2004 (the EIRs) sets outs when personal data can and cannot be disclosed under the EIRs.

An exception under regulation section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) of the EIRs applies to some of the information you have requested.

Paragraph 6.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Cabinet papers [including Cabinet minutes and agendas] are essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions.

The weekly meeting of the Scottish Cabinet is the highest decision-making forum within the Scottish Government, and it follows that all information considered by Cabinet must be handled with great care.

Properly functioning Cabinet processes are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

"The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. … The internal processes through which a Government decision has been made should not normally be disclosed." (Scottish Ministerial Code, 2024 edition, paragraphs 6.1 and 6.4)

Cabinet papers [including Cabinet minutes and agendas] are invariably produced on the assumption that they will not be disclosed until a significant amount of time has elapsed.

Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow Ministers some private space for discussion. 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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy-/decision-making process.

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.

EIR 202500469828 - Information Released - Annex A

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