UK Government correspondence and minutes regarding the Public Authorities (Fraud, Error and Recovery) Bill: FOI Review
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Original request 202500471339
Copies of all correspondence and minutes of meetings between and involving the UK Government and Scottish Government Ministers regarding the Public Authorities (Fraud, Error and Recovery) Bill.
Response
I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for where you asked for a review of your FOI request, reference 202500471339. Your original request stated:
Under freedom of information legislation, can you provide copies of all correspondence and minutes of meetings between and involving the UK government and Scottish government ministers regarding the Public Authorities (Fraud, Error and Recovery) Bill?
Your review has stated:
"The government response cites that withholding information meets the public interest test.
The social justice secretary Shirley Anne Somerville has already openly discussed this topic at committee and said that the issue is in the public interest. It pertains to how social security benefits are administered and how public funds are being spent, which is are both matters in the public interest.
For example, at the social justice and social security committee meeting of June 12 this year, Ms Somerville said: “The Scottish Government did not previously take a position on consent in relation to the overpayment recovery provisions, which you mentioned in your opening remarks. That was to allow time for due consideration to be given to the impact of those provisions on Scottish clients and for on-going discussions with the UK Government. I can, however, confirm to the committee that I have concluded that it would not be appropriate to recommend consent for the overpayment recovery provisions. No such provisions exist within the devolved system and I do not consider them compatible with the ethos of fairness, dignity and respect. I have set out that position in writing to UK ministers, who in response have confirmed that they will seek to amend the bill such that devolved benefits are removed from the scope of those provisions.”
If the substance of the letters is suitably in the public interest to discuss at committee then it is also in the public interest to release it.
Could you please look again at the request for information?"
I have reviewed all of the relevant documents and the original handling of this case and I have concluded that the original decision should be confirmed, with modifications and that some information can now be released to you. I enclose a copy of some of the information you requested and it is attached to this email.
While sections of the information you have requested have been discussed at the Social Justice and Social Security Committee meeting and been released by the DWP in response to an FOI request, I have determined that for some of the information you have requested, exemptions still apply.
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.
Some of the information you have requested is available from:
An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. Disclosure of this information will mean that the UK Government is likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.
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 maintaining close working relationships between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest. There is no public interest in disclosing information when that will damage relationships and disrupt future communications as that may impact on the effectiveness of future policy development.
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 the Public Authorities (Fraud, Error and Recovery) Bill.
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 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. I also recognise the complexity of the policy area, the legal and technical challenges involved, and the need to protect space for officials and Ministers to engage in full and candid discussions as part of policy development. Their candour in doing so will be affected by their assessment of whether the discussions on the mitigation of the two-child benefit limit 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. At present, disclosure of the withheld information at this stage could risk undermining that process and cause speculation which may not support an informed public understanding.
An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, ie names and email addresses of individuals, 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.
About FOI
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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