Ministerial correspondence mentioning Path To Balance: FOI Review

Information requested

Original Request 202500494281

All correspondence between Shona Robison and her office, and Cabinet Secretary Mairi Gougeon and her office that mentions Path To Balance or is related to Path To Balance.

Can I also have sight of all correspondence between the Cabinet Secretary and the Director General of rural affairs that mentions Path To Balance.’

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA).

Your initial request:

• ‘All correspondence between Shona Robison and her office, and Cabinet Secretary Mairi Gougeon and her office that mentions Path To Balance or is related to Path To Balance.

Can I also have sight of all correspondence between the Cabinet Secretary and the Director General of rural affairs that mentions Path To Balance.’

Your request for review:

• ‘In your response, you say that the letters between relevant parties cannot be released because it would inhibit substantially the free and frank exchange of advice for the purposes of deliberation.

However, the cabinet secretary for Constitution, External Affairs and Culture released his correspondence, albeit with some redactions.

It cannot be that this exemption only applies to certain ministers. If Angus Robertson does not believe the request would stymie the free and frank exchange of views and is able to release relevant information then your refusal to also do so does not meet the test.

I would add that I made the same request last year for the same information - although the wording was "spending controls" rather than "path to balance" - and the correspondence was released without issue, albeit again with some redactions. If the

public interest test to release the information was met last year, it is met this year.’

Review Outcome

I have been asked to re-examine your request, to decide whether the original response should be confirmed, with or without modifications, as appropriate, or a fresh decision be substituted. I can confirm that I was not involved in the handling or decision-making around the original response. I have considered this case again, and have conducted a comprehensive review of the response, and the reasons behind withholding the requested information.

I have reconsidered your request and concluded that the original decision should be modified and can confirm that we are now releasing information.

In conducting my review, I have reconsidered the application of Section 30(b)(i) of FOISA (free and frank provision of advice) to the information you requested.

I have concluded that the application of Section 30(b)(i) of FOISA (free and frank provision of advice) was applied to information incorrectly in the initial response and I have now provided you with the information requested below in Annex B.

However, on reviewing the materials within scope of your request there is still some exemptions that have been applied in line with FOISA.

You can find information on the exemptions that have been applied to information below 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.