River City cancellation documentation and correspondence: FOI release

Information requested

You asked for all documentation held by the Scottish Government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings, analysis, about the River City cancellation, between March 10 2025 and May 10 2025.

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 29(1)(b) (Formulation or development of Scottish Government policy), 33(1)(b) (prejudice to commercial interests) and 38(1) (b) (personal information of a third party) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Section 29(1)(a) (Formulation or development of Scottish Government policy): This exemption applies to some of the information requested because disclosure of this would, or would be likely to, impact formulation or development of government policy; Ministerial communications and the operation of Ministerial private office. 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 public interest in release because there is a general public interest in transparent government and information held by the Scottish Government. We recognise that there is an interest into how government policy is developed. However on balance, there is a greater public interest in protecting the integrity of these conversations and decision-making process, so that individuals and companies are not unduly prejudiced in the future and that companies operating within this sector continue to invest in Scotland.

Section 33(1)(b) (prejudice to commercial interests): This exemption applies to some of the information requested because disclosure of this would, or would be likely to, prejudice substantially the commercial interests of a person or company. 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 public interest in release because there is a general public interest in transparent government and information held by the Scottish Government. We recognise that there is an interest into how decisions are reached in this sector and how money is spent by commercial entities operating, or seeking to operate, in Scotland. However on balance, there is a greater public interest in protecting the integrity of these conversations and decision-making process, so that individuals and companies are not unduly prejudiced in the future and that companies operating within this sector continue to invest in Scotland.

Section 38(1)(b) of FOISA (personal information of a third party): applies to a small amount of the information requested because it is personal data of a third party i.e. the names 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

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 202500481832 - Information Released - Annex

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