Homeless Project Scotland documentation: FOI release

Information requested

Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis which is to/from or mentions Homeless Project Scotland, from the last three months?

Response

I enclose a copy of some of the information you requested in electronic format (pdf file) at Annex A.

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 Section 38(1)(b) and Section 30(b)(i) of FOISA apply to that information. The reasons why those exemptions apply are explained
below.

An exemption applies

An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information you have requested because it is personal data of a third party (i.e. names/contact details of individuals) and disclosing it would contravene the data protection principles in Schedule 1 of the Data
Protection Act 1998. 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.

Where personal details have been withheld, redactions have been applied at the minimum level necessary to remove the risk of identification. Non-identifiable details, including partial email addresses, have been retained to ensure transparency around where communications originated, or were sent.

Some information has been withheld because an exemption under Section 30(b)(i) of FOISA (provision of free and frank advice) applies. This exemption applies to excerpts from FMQ briefs dated 29 April, 6, 12 and 13 May 2025 because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice in relation to political debate. The exemption recognises the need to protect the private space in which officials brief the First Minister to support the public function of First Minister Questions, which was also recognised by the ICO in their recent decision (021/2025.)

An exemption under Section 30(b)(i) of FOISA has also been applied to two Private Secretary (PS) minutes dated 25 March and 17 June 2025 and to an email dated 17 June 2025 which reference invitations received from Homeless Project Scotland. This exemption has been applied because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption 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. Disclosing the content of free and frank advice, briefing and the exchange of views regarding ministerial engagements will substantially inhibit the provision of such advice 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 some public interest in disclosing information as part of an open, transparent and accountable government, and to inform public debate. However, this is outweighed by the greater public interest in allowing a private space within which officials can provide free and frank advice to Ministers to enable them to reach a decision. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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 202500472840 - Information Released - Annex A

File type

PDF

File size

1.4 MB