Mothballing meeting material: FOI release

Information requested

All material related to a meeting on 2 June 2025 involving Orlando Mason and other officials, including invites, briefings, summaries, chat comments, and personal notes.

Response

In relation to your question, I enclose a copy 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 25 – information otherwise accessible, 29(1)(a) policy development, 30(b)(i) of FOISA - free and frank provision of advice, 30(b)(ii) - free and frank exchange of views, 30(c) the effective conduct of public affairs, 36(1) - legally privileged, and 38(1)(b) - personal data, of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

Annex A

Section 29(1)(a)

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on mothballing of schools and Nurseries.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their
possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on development, options and sensitivities surrounding any potential changes to the Scottish Government’s policy on mothballing will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(i)

An exemption under section 30(b)(i) (the free and frank provision of advice) FOISA applies to some of the information you have requested.

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 releasing the detailed discussions that took place between officials and Ministers during the process of decision-making. However, this is outweighed by the public interest in providing Ministers and Scottish Government officials space to provide advice on a complex issue where disclosure is likely to substantially inhibit provision of such advice.

Section 30(b)(ii)

An exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) FOISA applies to some of the information you have requested.

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 Ministers and officials a private space within which to explore and refine the Government’s position, until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, 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 policy decision making process, which would not be in the public interest.

Section 30(c)

An exemption under section 30(c) of FOISA (prejudice to the effective conduct of public affairs) applies to some of the information you have requested.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, 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 to promote transparency and accountability in government. However, we have found that, on balance, the public interest lies in favour of upholding the exemption.

The information withheld relates to internal coordination and planning around the provision of policy advice to Ministers, including the timing and sequencing of advice and engagement with legal and policy colleagues. Disclosure of this information would be likely to substantially prejudice the effective conduct of public affairs by undermining the Scottish Government’s ability to manage sensitive policy development processes in a structured and coherent way. Premature disclosure could disrupt internal workflows, inhibit candid engagement between officials, and create confusion or misinterpretation about the status of advice under development. This would not be in the public interest, as it could compromise the Government’s ability to deliver well-considered and timely policy decisions.

Section 36(1)

An exemption under section 36(1) of FOISA applies to some of the information you requested as it isconsidered legally privileged.

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 while transparency is a key principle of good governance, in this instance, the public interest in disclosure is outweighed by the need to protect legal professional privilege. The release of such information could have a chilling effect on open communication between clients and their legal advisers, undermining the legal system's ability to provide effective and impartial advice.

Section 38(1)(b)

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to personal data. 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.

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FOI 202500477090 - Information released - Documents

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