Documentation which mentions Professor of Human Geography at the University of Sheffield: FOI release

Information requested

“Could you supply all documentation held by the Scottish Government, including correspondence sent and received, minutes/notes from meetings, briefings, analysis, which mentions or is to/from Professor Danny Dorling, from the last month?”

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 an exemption(s) under section(s) Section 30(b)(i)– Free and frank provision of advice of FOISA, Section 30 (c) – The effective confuct of public affairs applies to that information and Section 38(1)(b) – Personal data relating to third party. The reasons why that exemption applies are explained in the Annex to this letter.

Annex

Section 30(b)(i) - free and frank provision of advice

An exemption under section 30(b)(i) (free and frank provision of advice) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This recognises the need for officials to have a private space in which to conduct frank discussion. This private and safe thinking space is essential to enable all options to be properly considered based on the best available advice so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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. However, this is outweighed by the public interest in allowing a private and safe thinking space within which officials and Ministers can conduct frank discussion.

​​​​​​​Section 30(c) - the effective conduct of public affairs

​​​​​​​An exemption under section 30(c) (the effective conduct of public affairs) of FOISA applies to some of the information you have requested. This is to ensure all internal stakeholders are able to consider and discuss issues and options in a private space before formalising their deliberations and presenting them to Scottish Ministers. 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, this is outweighed by the by the public interest in allowing the consideration of options to deliver the mitigation of the two child cap to be undertaken in a private space.

​​​​​​​​​​​​​​Section 38(1)(b) - applicant has asked for personal data of a third party

​​​​​​​An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, for example names and contact details for junior members of staff or 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 202500491466 - Information Released - Annex

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