Scottish independence credit rating assessment communications: FOI release

Information requested

Copies of any recorded communications to or from John Swinney concerning the mention of Scottish independence in credit rating assessments by S&P Global and Moodys.

This should include emails, briefings, submissions, minutes or notes of meetings, and any other recorded correspondence held on Scottish Government systems for the period.

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because exemptions under sections s.30(c) (Otherwise prejudice effective conduct of public affairs), and s.25(1) (Information otherwise accessible) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

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

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to advise the First Minister in preparation for First Minister’s Questions (FMQs). This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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, FMQs (particularly recent ones) are usually about sensitive issues – and such briefs are essentially the team’s advice to the First Minister on how to handle the issues on that day in the event that they arise – with specific reference to the challenges he might have encountered that day. If this advice to the First Minister on how to handle sensitive issues is released into the public domain, it curtails civil servants’ ability to engage in free and frank discussions with the First Minister. If this space for free and frank exchange of views and advice was to diminish, then it is likely that the First Minister would seek to rely on more verbal-only and political briefing, meaning he is less well-briefed across a broad range of issues and less able to answer questions thoroughly in the chamber – which is not in the interest of the effective conduct of public affairs, and in turn is decidedly not in the public interest.

Section 25(1) – Information otherwise accessible

Some of the information you have requested is available from https://ratings.moodys.com/ratingsnews/454328 and https://www.spglobal.com/ratings/en/regulatory/article/-/view/type/HTML/id/3476747.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 202500496381 - Information released - Documents

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