Business Gateway funding communications: FOI release

Information requested

Copies of any recorded communications to or from Ministers concerning Business Gateway funding from the past six months.

This includes emails, letters, briefings, and any other recorded correspondence held on Scottish Government systems.

Response

I enclose a copy of most 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 exemptions under sections 38(1)(b) (personal information), 30(b)(i) (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is the personal data of a third party, i.e. the names or contact details of 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.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA apply to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purpose of deliberation. The exemptions recognise the need for officials to have a private space within which to provide free and frank advice to Ministers or for Ministers and officials to have a private space within which to discuss issues before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice or an exchange of views in relation to some of the parliamentary questions within the scope of your request will substantially inhibit the provision of such advice in the future.

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 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 disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is 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 exploring and refining the Government’s position on some of the matters relating to the parliamentary questions to which your request relates until the Government adopts a policy that is sound and effective. 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 policy making process which would not be in the public interest.

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 202500496349 - Information released - Document

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