Communications regarding section 25 of Further and Higher Education (Scotland) Act 2005: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
1. A copy of all communication between the Scottish Government regarding the use, scope, limitations of section 25 of Further and Higher Education (Scotland) Act 2005 and:
A. The University of Dundee
B. UCU, including Dundee UCU
C. Other Scottish universities, including Universities Scotland.
Response
I enclose a copy of some of the information we hold as you requested, attached to this letter as Annex A, Annex B and Annex C.
Annex A provides a copy of communication between the Scottish Government and the University of Dundee regarding the use of section 25. 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 exemption under Section 33(1)(b) of FOISA applies to that information due to the commercial interests of the University of Dundee.
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.
Annex B provides a copy of email exchanges where UCU are copied into regarding the use of section 25. Annex B includes exemptions for personal information in addition to large aspects of the email exchange being outside of the scope of this request.
Annex C provides a briefing on section 25 that was provided to UCU (and other trade unions outwith the scope of this request). This briefing is provided in full.
No further communication was found within scope of this request.
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