Correspondence from the Scottish Government to the UK Government relating to inheritance tax changes: FOI release

Information requested

1. any correspondence sent from the Scottish Government to the UK Government, within the last three months, which relates to inheritance tax changes for farmers, and

2. any correspondence received by the Scottish Government, from the UK Government and within the last three months, which relates to inheritance tax changes for farmers.

Response

I enclose a copy of relevant documents pursuant to your request in the attached Annex. 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 a number of exemptions apply.

Exemptions applied

Formulation of Scottish Government Policy (s.29(1)(a)) and Free and Frank Provision of Advice (s.30(b)(i)):

These exemptions apply to some of the information you have requested. This is because this information relates to the formulation of Scottish Government policy, and the discussion of views and options carried out by officials.

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 and 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, we believe that there is a greater public interest in allowing Ministers and officials a private space within which to discuss and explore options around the proposed Inheritance Tax changes. This private thinking space is essential to enable all options to be properly considered, and Scottish stakeholders to be appropriately represented. Premature disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

UK Government Relations (s.28(1)):

This exemption applies because disclosure of this information may substantially prejudice relations with another United Kingdom administration. This exemption is subject to the ‘public interest test’. 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 such as in the interest of promoting open government, however this is outweighed by the risk of prejudicing relations between administrations.

Personal Data of a Third Party (s.38(1)(b)):

This exemption applies to some of the information you have requested. This is because it is personal data of a third party, i.e. names and contact details, 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 202500490170 - Information released - Annex

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