Alcohol industry investment and public health messaging: FOI release

Information requested

1. Ministerial briefings, submissions, or internal documents from January 2020 to present that:

• Reference both public health harms from alcohol and
• Public funding or economic promotion of the alcohol industry (e.g. distilleries, breweries, exporters, Scotch whisky industry, alcohol producers)

2. Any Cabinet papers, minutes, or submissions discussing:

• The reputational, ethical, or policy contradiction between:
  • Funding alcohol industry growth
  • And tackling alcohol harm through strategies such as MUP or NHS campaigns

3. Any correspondence between:

• Scottish Government ministers or special advisers and
• Trade associations (e.g. Scotch Whisky Association, Scottish Beer & Pub Association) referring to economic support or public health alignment.

Timeframe

1 January 2020 – 07 July 2025.

Response

Regarding Q.1 which asks for:

1. Ministerial briefings, submissions, or internal documents from January 2020 to present that:

• Reference both public health harms from alcohol and
• Public funding or economic promotion of the alcohol industry (e.g. distilleries, breweries, exporters, Scotch whisky industry, alcohol producers)

I enclose a copy of some of the information you requested in Annex A.

I have interpreted this question to ask for all policy briefings, submissions or other relevant internal documents which refer to public health measures to tackle alcohol related harm and the economic interest of the alcohol industry between 1 January 2020 and 07 July 2025.

Some of the information you have requested is available from:

• Minimum Unit Pricing: Impacts on the alcoholic drinks industry in Scotland - Publications - Public Health Scotland
• Supporting documents - Alcohol - minimum unit pricing - continuation and future pricing: interim business and regulatory impact assessment - gov.scot
• Alcohol - minimum unit pricing - continuation and future pricing: consultation - gov.scot
• sarg-scottish-mup-report-2023.pdf
• Meeting of the Parliament: 08/02/2024 | Scottish Parliament Website
• Minimum Unit Pricing (MUP) Continuation and future pricing: Business and Regulatory Impact Assessment - gov.scot
• Meeting of the Parliament: 17/04/2024 | Scottish Parliament Website

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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:

s.28 (1) Relations within the United Kingdom

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 some public interest in release because of the need for open and transparent government and interest in the policy topic concerned. However, this is outweighed by the public interest on the basis that release would likely prejudice relations between UK and Scottish Governments.

s.29(1)(a) (policy formulation)

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 some public interest in release because of the need for open and transparent government and interest in the policy topic concerned. However, this is
outweighed by the public interest on the basis that release would inhibit Ministers’ ability to have a private space in which to consider the development of Scottish Government policy.

s.30: Prejudice to effective conduct of public affairs

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 some public interest in release because of the need for open and transparent government and interest in the policy topic concerned. However, this is outweighed by the public interest on the basis that release would inhibit Ministers’ ability to receive free and frank advice as well as the free and frank exchange views for the purposes of deliberation, in addition to the operation of Cabinet collective responsibility.

s.33(1)(b) Substantial prejudice to commercial interests

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 some public interest in release because of the need for open and transparent government and interest in the policy topic concerned. However, this is outweighed by the public interest on the basis that release would have an impact on the commercial interests organisations.

s.36 (1) Confidentiality

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 some public interest in release because of the need for open and transparent government and interest in the policy topic concerned. However, this is outweighed by the public interest on the basis that release would release information that is legally privileged.

s.38(1)(b) (personal information)

The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the UK General Data Protection Regulation and 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.

You will also note some information has been withheld as it is out with the scope of the request.

Regarding Q.2 which asks for:

2. Any Cabinet papers, minutes, or submissions discussing:

• The reputational, ethical, or policy contradiction between:
  • Funding alcohol industry growth
  • And tackling alcohol harm through strategies such as MUP or NHS campaigns

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The information does not exist. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Regarding Q.3, which asks for:

3. Any correspondence between:

• Scottish Government ministers or special advisers and
• Trade associations (e.g. Scotch Whisky Association, Scottish Beer & Pub Association) referring to economic support or public health alignment.

I have interpretated this question to request any correspondence which references economic support or public health policy between Scottish Ministers, Special Advisers and alcohol related trade associations.

I enclose a copy of most of the information you requested in annex B.

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 under section .38(1)(b) (personal information) of FOISA applies to that information.

The reasons why that exemption applies are explained below.

The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the UK General Data Protection Regulation and 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.

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 202500474795 - Information released - Annex A

File type

PDF

File size

1.5 MB

FOI 202500474795 - Information released - Annex B

File type

PDF

File size

6.4 MB