Documentation on free tuition for university students policy, Pisa results, school violence and exam results: FOI release

Information requested

1. Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about the free tuition for university students policy, from the last month?

2. Could you supply all minutes/notes from meetings and briefings written for meetings between Jenny Gilruth and EIS from the last three months?

3. Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about Scotland's international Pisa results, from the last three months?

4. Could you supply all correspondence received by Jenny Gilruth and/or her office about school violence from the last three months?

5. Could you supply all minutes/notes from meetings Jenny Gilruth has held about exam results, between August 5 2025 and September 15 2025?

Response

1. In relation to Question 1, 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 an exemption under Section 27(1) "Information Intended for Future Publication" of FOISA applies to that information. The reasons why that exemption applies are explained in the Annex to this letter.

We have redacted personal information under Section 38(1)(b) "Personal data" where appropriate throughout the documents. Furthermore, for some of the documents some information is withheld because it iss out of the scope of the current request. 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.

2. The Cabinet Secretary has held one bi-lateral meeting with the EIS in the last three months. I have attached the briefing and not of the meeting for this meeting. While our aim is to provide information whenever possible, in this instance exemptions have been applied to the briefing document under Section 38(1)(b) "Personal data" and Section 30(b)(i)) "free and frank exchange of views". Exemptions under Section 38(1)(b) (personal information) 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 Section 30(b)(i) (free and frank provision of advice) of FOISA 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.

3. In relation to Question 3, I enclose a copy of the information you requested. Exemptions have been applied to the briefing document under Section 38(1)(b) "Personal data". 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.

4. In relation to Question 4, I enclose a copy of some of the information you requested in the attached enclosures. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested. An exemption under Section 38(1)(b) (personal information) of FOISA applies to some of the information requested because it is personal data of a third party, namely, name and 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.

5. In relation to Question 5 of your request, while we aim to provide information wherever possible, in this instance we are unable to supply the material you requested because some of it is exempt under Section 25(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) - information otherwise accessible and some of it is redacted under Section 30(b)(ii) of the Freedom of Information (Scotland) Act 2002 (FOISA) - the free and frank exchange of views for the purposes of deliberation. The reasons for applying these exemptions are set out below.

Some of the information you requested is available online. Under Section 25(1) of FOISA, we are not required to provide information that is already reasonably accessible to you. However, we have included a link to the published minutes in the Index of Enclosures document. If you do not have internet access and are unable to obtain the information from the website provided, please contact me again and I will arrange to send you a paper copy.

Some of the information relates to discussions held in a meeting between the Cabinet Secretary and other Scottish Ministers. Paragraph 6.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times including any essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions. The Scottish Ministerial Code states that: "The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained… The internal processes through which a Government decision has been made should not normally be disclosed." (Scottish Ministerial Code, 2025 edition, paragraphs 6.1 and 6.4). Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow Ministers some private space for discussion. 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 the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy-/decisionmaking process.

Due to the size of the files we are unable to upload the documents referred to above.

If you wish to consider, please contact us at the address below and we will be happy to provide.

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.