Hybrid working policy alignment with climate commitments, infrastructure Costs, and senior leadership discussion: EIR release

Information requested

Under the Freedom of Information (Scotland) Act 2002, I am requesting access to materials regarding the Scottish Government’s hybrid working arrangements, their alignment with Scotland’s climate targets, and associated infrastructure costs. I am particularly focused on how internal discussion has evolved under different leadership.

Please provide:

1. Documentation, correspondence, briefing papers, assessments, or internal analysis evaluating how hybrid working policies within Scottish Government departments align with Scotland’s climate commitments, including the 2045 net zero target.

2. Forecasts, studies, or models assessing the environmental impact of increased office attendance—including implications for commuting patterns, energy usage, and carbon emissions.

3. Internal policy guidance or strategic documents outlining how hybrid working arrangements (e.g. minimum office attendance requirements or changes to remote flexibility) have been evaluated in relation to environmental sustainability goals.

4. All correspondence—via email, government-issued or personal mobile devices, WhatsApp, or other platforms—discussing the climate, sustainability, and cost-related implications of hybrid working policies, including concerns raised with senior leadership.

5. Records of high-level discussions or decisions where climate and cost considerations were discussed in the context of changes to hybrid working arrangements.

6. Documentation, assessments, or correspondence regarding cost implications of maintaining buildings for higher occupancy versus investing in upgrades for energy efficiency, emission reduction, or hybrid adaptability.

7. Any correspondence, meeting minutes, or briefing notes showing a shift in approach, emphasis, or policy direction between the previous Permanent Secretary’s administration and the current one—particularly on hybrid working arrangements, climate commitments, and infrastructure investment.

This request covers the period from January 2023 to the present.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I have provided a copy of all attachments covering any correspondence regarding Scottish Government’s hybrid working arrangements, their alignment with Scotland’s climate targets, and associated infrastructure costs between January 2023 and 31st July 2025.

Please see below some of the information we hold relevant to your request.

Question 1. Documentation, correspondence, briefing papers, assessments, or internal analysis evaluating how hybrid working policies within Scottish Government departments align with Scotland’s climate commitments, including the 2045 net zero target.

• 16 June 2025 - Workplace Division - Corporate Board Blue Box Template - Reporting Dashboards Estate Strategy
• Attachment 1: 1 Extract - Workplace Division - Corporate Board Blue Box Template - Reporting Dashboards Estate Strategy - June 2025
• 19 December 2024 – Briefing paper and two supporting charts
• Attachment 2: Top lines and background: Environmental Management - Travel - All - Hybrid working policy review - Briefing top lines and background to analysis - 13 December 2024
• Attachment 3: Annex 1:Environmental Management - Travel - All - Hybrid working policy review - Annex 1 car-km targets and car km per year by type of journey - 13 December 2024
• Attachment 4: Annex 2: Environmental Management - Travel - All - Hybrid working policy review - Annex 2 car-km targets and attendance level projections of 1 day and 2 days per week 13 December 2024
• July 2025 - Briefing PS -Taxi Use – July 25
• Attachment 5: Briefing PS – Taxi Use
• 26 June 2025 – Additional FPAC briefing
• Attachment 6: FW_ Additional FPAC briefing

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 exception under regulation 11(2) personal information, 10(4)(e) of the EIRs - internal communications and Regulation 10(5)(g) – protection of the environment of the EIRs applies to that information.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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 exception 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 exception.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between officials about policy development.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release 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 policy development 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.

An exception under regulation 10(5)(g) of the EIRs applies to some of the information you have requested allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to the protection of the environment.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because of Scottish Government’s hybrid working arrangements and their alignment with Scotland’s climate targets.

However, this is outweighed by the public interest in protection of the environment and the release of this information could undermine stakeholder confidence and slow progress in meeting climate goals across the wider public sector. In this case, the potential to cause harm outweighs the public interest in releasing the information.

Question 2. Forecasts, studies, or models assessing the environmental impact of increased office attendance—including implications for commuting patterns, energy usage, and carbon emissions.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to all of the information you have requested because it is internal communication between officials about policy development.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release 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 policy development 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.

Question 3. Internal policy guidance or strategic documents outlining how hybrid working arrangements (e.g. minimum office attendance requirements or changes to remote flexibility) have been evaluated in relation to environmental sustainability goals.

For question 3, this is a formal notice under Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 that the Scottish Government does not have the information you have requested.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because we do not hold this information.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the Scottish Government’s hybrid working arrangements and their alignment with Scotland’s climate targets, clearly we cannot provide information which we do not hold.

Question 4. All correspondence—via email, government-issued or personal mobile devices, WhatsApp, or other platforms—discussing the climate, sustainability, and cost-related implications of hybrid working policies, including concerns raised with senior leadership.

• 26 June 2025 - Additional FPAC briefing
• Attachment 7: FW_ Additional FPAC briefing - due 10am Friday
• September 2024 - Carbon Management Plan and Hybrid Working
• Attachment 8: Carbon Management Plan
• Hybrid Working in the Scottish Government: Evidence Update (2024)” paper produced by us in Corporate Analytical Services
• Attachment 9: Extract - Hybrid Working in the Scottish Government: Evidence Update (2024)
• Hybrid Working Review Group – notes and actions 24 September
• Attachment 10: Extract - Meeting note – Hybrid Working Review Group – Minutes 24 September 2024

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 exception under regulation 11(2) - personal information, regulation 10(5)(g) – protection of the environment, regulation 10(4)(d) – material in course of completion, unfinished documents or incomplete data, regulation 10(5)(e) - substantial prejudice to confidentiality of commercial information of the EIRs applies to that information and regulation 10(4)(e) of the EIRs - internal communications.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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 exception 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 exception.

An exception under regulation 10(5)(g) of the EIRs applies to some of the information you have requested allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to the protection of the environment.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because of Scottish Government’s hybrid working arrangements and their alignment with Scotland’s climate targets. However, this is outweighed by the public interest in protection of the environment and the release of this information could undermine stakeholder confidence and slow progress in meeting climate goals across the wider public sector. In this case, the potential to cause harm outweighs the public interest in releasing the information.

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is material which is still in the course of completion and are still being worked on.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by contractors which is also part of a live procurement process and thus cause substantial harm to their commercial interests. Disclosing this information could compromise our commercial negotiations.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some the information you have requested because it is internal communication between Scottish Government Ministers and officials about this policy.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release 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 policy development 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.

Question 5. Records of high-level discussions or decisions where climate and cost considerations were discussed in the context of changes to hybrid working arrangements.

For question 5, this is a formal notice under Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 that the Scottish Government does not have the information you have requested.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because we do not hold this information.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the Scottish Government’s hybrid working arrangements and their alignment with Scotland’s climate targets, clearly we cannot provide information which we do not hold.

Question 6. Documentation, assessments, or correspondence regarding cost implications of maintaining buildings for higher occupancy versus investing in upgrades for energy efficiency, emission reduction, or hybrid adaptability.

For question 6, An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to all of the information you have requested because it is internal communication between officials about policy development.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release 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 policy development 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.

Question 7. Any correspondence, meeting minutes, or briefing notes showing a shift in approach, emphasis, or policy direction between the previous Permanent Secretary’s administration and the current one—particularly on hybrid working arrangements, climate commitments, and infrastructure investment.

For question 7, this is a formal notice under Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 that the Scottish Government does not have the information you have
requested.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because we do not hold this information.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the Scottish Government’s hybrid working arrangements and their alignment with Scotland’s climate targets, clearly we cannot provide information which we do not hold.

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.

EIR 202500478223 - Information Released - Attachments

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