Football World Cup bank holiday proposal information: FOI release

Information requested

The content of all emails, briefings and reports regarding the First Minister's proposal for a new bank holiday to commemorate Scotland's opening match in this year's football World Cup.

Please provide any assessment of the economic impact of having another bank holiday and how many employers would give their staff the day off.

Response

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 section 38(1)(b) (personal information), section 30 (c) (effective conduct of public affairs) of FOISA applies to that information. An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) also applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. The reasons why these exemptions apply are explained in the Annex to this letter.

The released information is attached to this reply.

ANNEX A

Exemptions Applied

Section 38(1)(b)

An exemption under section s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This is because the nature of these roles requires the individuals to undertake potentially sensitive information and information contained within individual job descriptions could lead to an individual being identified, and to junior colleagues potentially being subject to unfair or undue scrutiny or criticism. 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.

Section 36(1)

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and 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 and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in 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, like any other public or private organisation.

Section 30 (c)

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 freely draft media lines and responses to media queries because disclosure would substantially inhibit this drafting process. 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, there is a greater public interest in protecting the process of drafting and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

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 202600500265 - Information released - Documents

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