Union Dividend information: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

1. Any internal reports, briefings, memos, emails, or other correspondence held by the Scottish Government from 1 January 2024 to the present that relate to the Union Dividend.

2. Any risk assessments or scenario planning documents that examine the financial, economic, or policy implications of the Scottish Government no longer receiving the Union Dividend.

Response

Please see attached returns for “Union Dividend”.

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 30(b)(i)(free and frank provision of advice) and section 38(i)(b) (personal information) of FOISA apply to some of the information you have requested. The reasons why these exemptions apply are explained below.

  • Exemptions under section 30 b (i) and (ii) of FOISA (free and frank advice and exchange of views for the purposes of deliberation) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemption recognises the need for Ministers and officials to have a private space within which to seek and discuss advice/views. Disclosing the content of free and frank information will substantially inhibit such information in the future. This exemption is subject to the public interest and prejudice test. 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 exemptions. 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 free and frank advice and views to Ministers and with each other. 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 as it would substantially prejudice the ability of Ministers to engage with Scottish Government officials.
  • Exemptions under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of 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.

Request 2:

No information is held that falls into the categories you requested.

Please see the linked Parliamentary question on the Scottish Government views on full fiscal autonomy. Written question and answer: S6W-36472 | Scottish Parliament Website.

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 202500476295 - Information Released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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