Correspondence on Non-Domestic Rates Relief for deer forest: FOI release

Information requested

1. Correspondence sent to Shona Robison re the Non-Domestic Rates Relief for deer forest through the Small Business Bonus Scheme within the last two months.
2. Correspondence sent from Shona Robison re the Non-Domestic Rates Relief for deer forest through the Small Business Bonus Scheme within the last two months.

Response

I enclose a copy of some of the information you requested.

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 29(1)a (formulation or development of policy), section 29(1)(b) (Ministerial communications), section 30b(ii) (free and frank advice/exchange of views for the purposes of deliberation), section 33(1)(b) (commercial interests of any person or organisation), and section 38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

One of the documents you requested is not provided as it is exempt from disclosure under section 21 of FOISA due to being in the public domain and is available at: Marshalled List of Amendments for Stage 3.

Annex

An exemption applies

An exemption(s) under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested because it is the personal data of a third party, i.e. the names or contact details of individuals, 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.

Exemptions apply, subject to the public interest test

An exemption under section 29(1)(a) (formulation or development of policy) of FOISA applies to some of the information requested because it relates to the formulation or development of government policy. 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 government a private space where policy can be formulated or developed, until the Government as a whole can reach a decision that is sound and likely to be  effective. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between officials and Ministers, which in turn will undermine the quality of the decision making process.

An exemption under section 29(1)(b) (Ministerial communications) of FOISA applies to some of the information requested because it relates to communications between Scottish Ministers.

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 a private space within which issues can be discussed and explored, until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the decision making process.

An exemption under section 30b(ii) (free and frank advice/exchange of views for the purposes of deliberation) of FOISA applies to some of the information requested because it relates to the free and frank exchange of views for the purposes of deliberation.

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 government a private space where policy can be formulated or developed, until the Government as a whole can reach a decision that is sound and likely to be  effective. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between officials and Ministers, which in turn will undermine the quality of the decision making process.

An exemption under section 33(1)(b) (commercial interests of any person or organisation) of FOISA applies to some of the information requested because disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation. 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, we have not deemed that this would include data on the surface area and lease value of a specific non-domestic property as disclosure could prejudice the commercial interests of the organisation that they pertain to.

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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 202600507009 - Information Released - Annex

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