Free Bus Travel for Asylum Seekers: FOI release

Information requested

All minutes/notes from meetings, briefings written and any analysis undertaken about the free bus travel for asylum seekers policy, from the last month.

(06 December 2025 to 05 January 2026)

Response

I have enclosed a copy of some of the information you have requested. Annex A contains information held within the scope of your request.

An exemption applies

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have 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. This personal data has therefore been redacted from the attached copy.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while these discussions relate to a sensitive or controversial issue such as policies providing support for people seeking asylum.

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 officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy on free bus travel for people in Scotland seeking asylum, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private space is essential to enable all options or feedback to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by the Working Group on free bus travel for people in Scotland seeking asylum.

Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

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 202600500216 - Information released - Annex A

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PDF

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