Scottish Football Association (SFA) Extra Time Partnership: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received, briefings, minutes/notes from meetings and analysis, about the Extra Time Partnership with the SFA, from the last month.

Response

I enclose a copy of most of the information you requested.

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 sections s.29(1)(c) (advice by law officers), s.33(1)(b) (commercial interests) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

s.29(1)(c) (advice by law officers)

Section 29 of FOISA exempts information from disclosure if it relates to the provision of advice by any of the Law Officers (or any request for the provision of such advice). 

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 a public interest in transparency and accountability in government decision-making, including access to information that informs policy development.

However, this is outweighed by the public interest in upholding application of exemption as releasing this information would inhibit the provision of legal advice by SGLD. It relates to the formulation and development of government policy and includes communications involving Law Officers, which are protected to ensure confidential and candid legal discussions. Disclosure could discourage future requests for legal advice and hinder the free and frank exchange of views essential to effective policy- making.

s.33(1)(b) (commercial interests)

Information is exempt under section 33(1)(b) if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership.

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, particularly in promoting transparency around the use of public funds and the awarding of contracts. Sharing cost breakdowns can enhance accountability and support scrutiny of procurement decisions, including how value for money is assessed. Disclosure of cost breakdowns can support accountability and enable scrutiny of procurement decisions. However, this is outweighed by the public interest in maintaining fair competition and protecting the commercial interests of suppliers. Releasing the detailed cost breakdown would likely prejudice their commercial interests by enabling competitors to tailor future bids to undercut their pricing. This could distort the tendering process, discourage suppliers from submitting detailed costings in future bids, and ultimately reduce the quality and value of services procured by public bodies.

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

Section 38 of FOISA exempts information from disclosure if its relates to the personal data of third parties. 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 202500476607 - Information Released - Annex

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PDF

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12.5 MB