Correspondence regarding supporting ice rinks: FOI release

Information requested

You asked for all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, that mentions supporting ice rinks, from the last three months.

Response

I enclose a copy of some 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 s.29(1)(a) (formation or development of Scottish Government policy), s.38(1)(b) (personal information), s.30(b)(i) (free and frank provision of advice) and s.33(1)(b) (where disclosure would, or would be likely to, prejudice substantially the commercial interests of any person or organisation) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Exemptions under section 38(1)(b) (personal information) prevents us releasing the personal information of officials who are below the rank of Senior Civil Servant and 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 section s.29(1)(a) (formation or development of Scottish Government policy) and section s.30(b)(i) (free and frank provision of advice), 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 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 release as part of open, transparent and accountable government. 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 discussions on support for ice rinks 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 exemption under section 33(1)(b) of FOISA (commercial interest) applies to some the information requested because it relates to third parties energy price contracts. 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 releasing the information could lead to ice rink operators being put at a disadvantage in the future.

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 202500483490 - Information Released - Annex

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