Correspondence regarding Cabinet Secretary for Climate Action and Energy COP expenses: FOI Review

Information requested

Original request 202600500549

All communications exchanged by staff, Special Advisers and Ministers relating to FOI 202500497042 relating to Gillian Martin’s COP expenses. For the avoidance of doubt, please include all email, WhatsApp, Teams, Webex conversations or messages.

Response

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

• All communications exchanged by staff, Special Advisers and Ministers relating to FOI 202500497042 relating to Gillian Martin’s COP expenses. For the avoidance of doubt, please include all email, WhatsApp, Teams, Webex conversations or messages.

You subsequently sought a review of our initial response on the basis that

• “I disagree with the use of 30(b)(i). It is in the public interest to understand discussions in which civil servants are using redactions.
• I also see from this response that the deputy private secretary would share the response to me with “SPADS”. Why has this email chain not been released???”

I have concluded that the original decision should be substituted with a different one.

On reviewing your request, I identified two emails that weren’t captured as part of our previous trawl for information. These emails relate to the allocation of your original request and fall within scope. Please accept my apologies for the oversight.

On reviewing this information, I have determined it appropriate to release with redactions applying only to personal information under Section 38(1)(b) (personal information) of FOISA.

In addition, I reviewed the previous use of Section 30(b)(i) (free and frank provision of advice) which had been used to withhold a small amount of information in the original response. On reviewing the information, and understanding why the exemption was applied, I have determined that it was not appropriate as it did not meet one of the thresholds outlined in the Scottish Information Commissioner’s guidance on the use of this exemption specifically the ability to evidence that releasing the information would, or would likely to, substantially inhibit future advice. I am therefore overturning the decision to apply section 30(b)(i) to the information withheld under the exemption.

Whilst not part of your review request, information remains withheld under section 38(1)(b) of FoI(S)A.

Finally, I note in your review request that you reference “the deputy private secretary would share the response to me with “SPADS”” and are of the view that this information was not either considered or released when responding to your initial request. I have reviewed this and engaged with the relevant officials involved in the case. It was determined that, as part of the process for the original request, sharing the response with Special Advisors was not required, and therefore no email was sent to Special Advisors relating to your request. I confirm that under section 17(1) of FoI(S)A the Scottish Government does not hold the specific information in relation to this part of your review.

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 202600503947 - Information released - Annex A

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