Information

Scottish Parliament election: 7 May. This site won't be routinely updated during the pre-election period.

Correspondence regarding Good Food Nation Plan (Scotland) Act 2022: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

You asked for:

1. Any correspondence sent to Jim Fairlie or Mairi Gougeon relating to the Good Food Nation (Scotland) Act 2022 in the last year.

2. Any correspondence sent to Jim Fairlie or Mairi Gougeon relating to the Good Food Nation Plan in the last year.

3. Any correspondence sent from Jim Fairlie or Mairi Gougeon relating to the Good Food Nation (Scotland) Act 2022 in the last year.

4. Any correspondence sent from Jim Fairlie or Mairi Gougeon relating to the Good Food Nation Plan in the last year.

5. The total spending by the Scottish Government, to date, in developing the Good Food Nation Plan.

In your clarification (sent by email on 5 January), you asked us to consider 'correspondence sent to and from Mairi Gougeon and Jim Fairlie to include correspondence sent to and from stakeholders and also any internal correspondence that you are able to share'.

Response

I enclose an electronic copy of most of the information you requested under parts 1 to 5.

Although your request distinguishes between correspondence sent to and from the Ministers in relation to the Good Food Nation Plan/Act, the Scottish Government’s record‑management systems do not facilitate the straightforward separation of information in this way. Correspondence is stored and retrieved according to subject matter, and email correspondence is commonly retained in interlinked email chains, meaning that individual messages cannot always be isolated by direction of communication.

In considering the public interest in timely and meaningful disclosure, we judged that it would not be a proportionate or efficient use of resources to attempt to manually separate every “to” and “from” message within these chains. Working in favour of release, we have therefore processed and provided the relevant material as mixed correspondence, including consolidated email chains (arranged in chronological order where possible), rather than separating them strictly by direction. You may also notice some duplication within the material provided. This is because many items of internal correspondence were sent to both Ministers, or circulated across multiple recipients, and are therefore replicated across the chains captured by the search. However, we have tried to reduce this where possible.

Exemptions under section(s) s.25(1), s.29(1)(a), s.29(1)(b), s.30(b)(i), s.30(b)(ii), s.36(1), s.38(1) (b) of FOISA applies to some of the information you have requested.

Exemptions not subject to the public interest test

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, i.e. names and contact details of nonsenior staff and disclosing it would contravene the data protection principles in data protection legislation. 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 subject to the public interest test

Exemption's under s.25(1), s.29(1)(a), s.29(1)(b), s.30(b)(i), s.30(b)(ii) and s.36(1) 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 exemptions.

Some of the information within scope of your request is available from the Scottish Government website, for example the published versions of the Local Government, Housing and Planning committee report on the proposed national Good Food Nation Plan. Under section 25(1) of FOISA (Information otherwise accessible), 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. Some correspondence from Scottish Parliamentary committees, which is publicly available online, has been provided for your information where there is accompanying internal correspondence which we are providing to you.

Please see the links below:

Document I - Proposed Good Food Nation Plan: Scrutiny by the Local Government, Housing and Planning Committee | Scottish Parliament

Document JJ - Good Food Nation - specified functions: overview - gov.scot

Document LL - The Good Food Nation (Scotland) Act 2022 (Commencement No. 4) Regulations 2025

Exemptions under section 29(1)(a) of FOISA (Formulation or development of Scottish Government policy) apply to some of the information you have requested. This information relates to the development of Scottish Government policy on the approach to the first national Good Food Nation Plan. This exemption recognises the need for officials and Ministers to be able to consider fully a range of information and options on how to develop and present the first national Good Food Nation Plan, before reaching a settled public position. This exemption is subject to the ‘public interest test’. 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 enables public understanding of government activity in relation to development of the national Good Food Nation Plan. However, this is outweighed by the public interest in disclosure because Officials and Ministers must be able to explore concerns and alternatives privately, as well as having the opportunity to debate and consider options rigorously. This is of significance when developing the national Good Food Nation Plan because, as this is the first plan, disclosure could reduce openness in internal discussions going forward.

An exemption under section 29(1)(b) of FOISA (Ministerial communications) applies to some of the information requested because it relates to communications between 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, there is a greater public interest in allowing Ministers a private space within which ideas and positions can be explored and refined, until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good 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 decision making process.

An exemption under section 30(b)(i) (Free and frank provision of advice) and 30(b)(ii) (Free and frank exchange of views) of FOISA applies 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 and the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need to have a private space within which to provide free and frank advice and deliberation to and with Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice and exchange of views will substantially inhibit such information in the future. 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise 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 Scottish Government staff can provide full and frank advice to Ministers, and Ministers and Officials can partake in free and frank exchange of views, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken.

An exemption under section 36(1) of FOISA (Confidentiality in legal proceedings (covers legal advice)) applies to some of the information you have requested. This exemption applies because it is legal advice or requests for legal advice and its disclosure would breach legal professional privilege. 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 maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, as would be the case for any other public or private organisation.

The total spending by the Scottish Government, to date, in developing the Good Food Nation Plan

I have attached the information you have requested regarding the costs associated with developing the national Good Food Nation Plan separately. You can find this information in Annex A.

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.

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Back to top