Senior Special Adviser communications: FOI release

Information requested

You asked for all communications that Senior Special Advisor Emily Mackintosh sent and received the week of Monday 20 October.

Response

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

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 27, 28(1), 29(1)(a), 30(b)(1), 32 (1)(a)(i), 32(1)(a)(iii), 33(1)(b), 38(1)(b) of FOISA applies to that information. The reasons why these exemptions apply are set out below.

Section 27 Information Intended for Future Publication

This is a formal notice that Section 27(1) of FOISA applies to some of the information you have requested. The information requested will be published within 12 weeks of your request and will be available at this link: The Scottish Government - gov.scot. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Section 28 (1) Relations within the UK

An exemption under Section 28 (1) Relations within the UK of FOISA applies to some of the information requested. 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 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 maintaining close working relationships between the Scottish Government and the UK Government, Welsh Government, and Northern Ireland Executive.

Section 29(1)(a) formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of Scottish Government policy. 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 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions.

Section 30(b)(i) Free and Frank Provision of Advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for Ministers and officials to have a private space within which to share briefing on Scottish Government policy positions. Disclosing the content of free and frank advice given in briefings such as FMQs will substantially inhibit the provision of such briefing materials in the future.

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 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 a private space within which officials can provide full and frank advice to Ministers as part of the process of providing briefing on Government policy.

30(b)(ii) Free and frank exchange of views for the purposes of deliberation

An exemption under 30(b)(ii) (Free and frank exchange of views for the purposes of deliberation) of FOISA applies to some of the information you have requested. 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 some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing ministers and officials a private space to exchange views on matters of such importance before reaching a settled public position.

Section 30 (c) Otherwise prejudice effective conduct of public affairs

An exemption under 30(b)(ii) (Free and frank exchange of views for the purposes of deliberation) of FOISA applies to some of the information you have requested. 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 a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the effective conduct of public affairs and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

32 (1)(a)(i) Relations between UK and any other state and 32(1)(a)(iii) Promotion or protection of UK interests abroad

An exemption under sections 32 (1)(a)(i) and 32(1)(a)(iii) of FOISA applies to some of the information requested. 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 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 ensuring that the UK Government is able to maintain good relations with other States.

Section 33(1)(b) Commercial interests

An exemption under Section 33(1)(b) Relations within the UK of FOISA applies to some of the information requested. 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 a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies.

Section 38(1)(b) (Third party personal data)

An exemption under section 38(1)(b) applies to some of the information requested. This is because it relates to the personal data of civil servants below Senior Civil Service grades. 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 202500491194- Information Released - Annex A

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