Correspondence regarding Abertay University: FOI release

Information requested

The language used below, including references to a “bailout”, are the precise words used by the requester, and not the Scottish Government

You asked for the following recorded information held by the Scottish Government and/or the Ministerial Private Office of Graeme Dey, Minister for Higher and Further Education:

Ministerial Oversight of Abertay Bailout

• All communications, briefings, meeting notes, or correspondence authored by, sent to, or received by Graeme Dey regarding the financial support provided to Abertay University between January 2023 and August 2025.
• Any records of discussions or decisions involving Graeme Dey concerning the rationale, risk assessment, or sustainability of Abertay University.

Coordination with Civil Servants and SFC

• Any correspondence between Graeme Dey and Shirley Laing, Director for Lifelong Learning and Skills regarding the bailout, institutional financial health, or reputational risk.
• Any correspondence between Graeme Dey and Scottish Funding Council (SFC) regarding the bailout, institutional financial health, or reputational risk.

Reputational and Political Risk Management

• Any internal assessments, media lines, or reputational risk documents involving Graeme Dey in relation to the Abertay bailout.
• Any communications between Graeme Dey and Jenny Gilruth, Cabinet Secretary for Education and Skills regarding public messaging or political strategy linked to the bailout.
• Any communications between Graeme Dey and Scottish Government Communications Directorate regarding public messaging or political strategy linked to the bailout.

Response

I enclose a copy of some of the information you requested under Annex A.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have all the information you have requested. Any other information relating to your request may be held by the Scottish Funding Council.

An exemption 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/contact details 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.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) 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 exemptions recognise the need for Ministers and officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of free and frank briefing material on the funding of Abertay University, and discussions with Abertay University on these matters, will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public will substantially inhibit such briefing in the future, particularly while these discussions are still ongoing and decisions have not been taken.

These exemptions are 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 exemptions. 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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on the funding of Abertay University, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by the Scottish Funding Council and Abertay University. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

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 202500479357 -Information released - Annex A

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