Information held by Highlands and Islands Enterprise regarding Glencoe Mountain Ltd: FOI release

Information requested

• Any Ministerial briefings, correspondence, or internal discussions mentioning Glencoe Mountain Ltd since 2018;
• Any documents referring to oversight of Highlands and Islands Enterprise’s relationship with Glencoe Mountain Ltd; and
• Any references to Fair Work, equality, or public accountability conditions tied to Glencoe Mountain Ltd’s funding.

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.

Exemption under section 30(b)(i) of FOISA (free and frank provision of advice) and section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information you have requested, because its disclosure would inhibit the free and frank provision of advice and exchange of views within the Scottish Government. These exemptions recognise the need for officials to have a private space within which to provide free and frank advice to, and exchange views with, other officials and Ministers.

These exemptions are 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 exemptions. We 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, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to, and exchange views with, other officials and Ministers on public sector support for the snow sector in Scotland.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially Glencoe’s commercial interests. 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 because there is a greater public interest in protecting Glencoe’s commercial interests.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information you requested because it is personal data of a third party 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. The names of junior officials have also been redacted.

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 202500491507 - Information released - Annex

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