Documentation regarding Dundee University funding: FOI release

Information requested

1. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the Cabinet Secretary for Education and Dundee University Executive Group regarding funding for Dundee University. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 January 2025 and 27 June 2025 inclusive.

2. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the Cabinet Secretary for Education and the Scottish Funding Council Board regarding funding for Dundee University. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 January 2025 and 27 June 2025 inclusive.

3. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the Dundee University Executive Group and the Scottish Funding Council Board regarding funding for Dundee University. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 January 2025 and 27 June 2025 inclusive.

4. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between any Scottish government official with a rank of deputy director or higher and Dundee University Executive Group regarding funding for Dundee University. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 January 2025 and 27 June 2025 inclusive.

 

Response

I enclose a copy of some of the information you requested. Annex A relates to information from the first point of your request, Annex B relates to information from the second point of your request and Annex C relates to information from the fourth point of your request.

Information not held

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. We do not hold correspondence between the Dundee University Executive Group and the Scottish Funding Council Board (point 3 of your request). However, you may wish to contact the Scottish Funding Council at info@sfc.ac.uk who may be able to help you.

Exemptions applied

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(s) under section 38(1)(b) (Third party personal data), 30(b)(i) (Substantial inhibition to free and frank provision of advice), section 30(c) (substantial prejudice to commercial interests) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

Section 38(1)(b) (Third party personal data)

Exemption(s) under section s.38(1)(b) of FOISA applies to some the information you have requested. This is because it relates to the personal data of civil servants below Senior Civil Service grades and personal data of external stakeholders who are not in public positions of leadership. 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)(i) (Substantial inhibition to free and frank provision of advice)

Exemptions(s) under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on financial support for the University of Dundee will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken, and these discussions also relate to commercially sensitive information.

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 allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s policy position on financial support for the University of Dundee, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank 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.

Section 33(1)(b) (Substantial prejudice to commercial interests)

Exemption(s) under section 33 (1)(b) of FOISA (substantial prejudice to commercial interests) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, prejudice the commercial interests of an independent organisation, in this case the University of Dundee. Specifically, release of the information could weaken their current financial situation, reveal sensitive commercial and strategic information, or provide an unfair advantage to competitors.

This exemption is subject to the ‘public interest test’. Therefore, we have considered whether the public interest in disclosing the information outweighs the public interest in applying 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, in this case, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure. This is because disclosure would be likely to cause real, significant harm to the commercial interests of the parties involved, 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 202500473493 - Information Released - Annex A - Annex C

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