Plans and discussions regarding restructuring/merger of Enterprise Agencies: FOI release

Information requested

1. Restructuring or Reform of Enterprise Agencies

All minutes, papers, correspondence, or briefings (including drafts) since 1 January 2020 relating to any proposals, discussions, or decisions regarding:

• The merger, restructuring, rationalisation, or closure of any of the following:
• Highlands and Islands Enterprise (HIE)
• Scottish Enterprise (SE)
• South of Scotland Enterprise (SoSE)
• Any proposed change to the statutory mandate, governance model, or operational remit of the above agencies.

2. Overlap or Duplication

All internal or commissioned analysis, reports, or cost-benefit evaluations examining:

• Duplication or overlap between the three enterprise agencies
• Interactions or duplication with the Scottish Government's own National Delivery Bodies (e.g. Economic Strategy teams, NSET)
• Proposals to streamline, integrate, or consolidate delivery structures to improve efficiency or reduce cost

3. Ministerial Communications

Any communications (including emails, meeting notes, or correspondence) between Scottish Ministers (or their Special Advisers) and:

• Chairs, CEOs, or board members of HIE, SE, or SoSE
• Scottish Government Directors or senior civil servants

…relating to potential changes to the role, structure, or future of the enterprise agencies.

4. Board-Level or Executive-Level Escalation

Any minutes or briefings involving Cabinet Secretaries, the Permanent Secretary, or Director - General Economy where the future direction or restructuring of the enterprise agency landscape was discussed.

Response

I enclose a copy of documents relating to your request.

Exemption under sections 29(1)(a) and (b), 30(b)(i) and (ii), 33(1)(b) and 38(1)(b) of FOISA applies to some of the information you have requested.

Section 29(1)(a) - formulation or development of government policy

Information is exempt under section 29(1)(a) as it relates to the formulation or development of government policy. In 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.

Section 29(1)(b) - Ministerial communications

Information is exempt under section 29(1)(b) if it relates to communications between Ministers. The exemption covers information “relating to” Ministerial communications and can include records of discussions between Ministers and drafts of letters, whether or not the letters were finalised or sent. In 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.

Section 30(b)(i) and (ii) - free and frank provision of advice or exchange of views

Information is exempt under section 30(b) if the disclosure would have an inhibiting effect on the provision of advice or on the exchange of views. Taking account of all the circumstances of this case, we have also 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.

Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation

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, and to help account for the expenditure of public money. However, there is a greater public interest in withholding this information as releasing this would, or would be likely to, prejudice substantially the commercial interests of the person or organisation mentioned.

Section 38(1)(b) - Personal data of third parties e.g. names, email addresses and phone numbers

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.

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FOI 202500472477 - Information released - Documents

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