Correspondence between the Scottish Government and MSP regarding the role of Rector: FOI release

Information requested

On 06 January 2026, the University of St Andrews (the “University”) received a letter, via email, from Mark Ruskell MSP, MSP for Mid Scotland and Fife. Mr Ruskell’s letter concerns the University’s interpretation of the Higher Education and Governance Act 2016 and the Universities (Scotland) Act 1858, in connection to the role of Rector when presiding meetings of University Court.

Mr Ruskell, letter includes –

I have written to the Minister for Higher and Further Education to request the Scottish Government provides the intended interpretation of this legislation. I have also requested that the Scottish Government advise what steps can be taken to settle this dispute and protect the role of Rector at the university.

The University seeks all information, held by the Scottish Government and/or Scottish Ministers contained within correspondence and/or documents –

1. Received by Mr Ruskell MSP, related to the subject areas introduced, above – I anticipate that if held, this information was received by the Scottish Government in early 2026.

2. In responses from the Scottish Government and/or Ministers to Ruskell MSP, related to the subject areas introduced, above. If no information is held for point 2 of my request, then I seek

3. All information held by Scottish Government and/or Scottish Ministers, on the drafting and/or construction of a response from the Scottish Government/Scottish Ministers to Mr Ruskell MSP and information that may show when a response to Mr Ruskell MSP might be made.

Response

I enclose a copy of most of the information you have requested under Annex A.

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, including names and contact details of officials, 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.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers to be able to communicate, often in confidence, with external stakeholders on a range of issues, including the position of the Rector of the University of St Andrews. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions relate to a sensitive or controversial issue such as the position of the Rector of the University of St Andrews. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions.

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 and 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 position on the position of the Rector of the University of St Andrews, until the Government as a whole can adopt a policy position that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy positions can be taken based on fully informed advice and evidence, such as that provided by Mark Ruskell MSP. 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.

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 202600504101 - Information released - Annex A

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