Pay rises for public sector staff: FOI release

Information requested

“Supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about pay rises for public sector staff, from the last month” (16 January 2026 to 16 February 2026)

Response

I enclose a copy of most 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 sections 29(1)(a) (policy formulation, 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views), and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemptions applies are explained in the Annex to this letter.

Annex A – Reason for Exemptions

An exemption applies

Section 29(1)(a)

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to discussions and development of policy in relation to public sector pay uplifts.

This exemption is subject to the ‘public interest test’. Therefore, taking into 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on public sector staff pay rises will be disclosed in the near

future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(i) and Section 30(b)(ii)

An exemption under section 30(b)(i) and section 30(b)(ii) (free and frank provision of advice and exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to provide free and frank advice and to discuss and explore options with Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice and discussions on pay uplifts for public bodies and their staff/Chief Executives will substantially inhibit the provision of such advice and discussions in the future because these discussions are still ongoing and decisions have not been taken.

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 a private space within which officials can provide full and frank advice to Ministers and other officials to explore and refine the Government’s policy position on workforce management. This private thinking space is essential to enable 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 and officials, which in turn will undermine the quality of the policy and decision making process, which would not be in the public interest.

Section 38(1)(b)

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, i.e. names and 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.

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 202600507065 - Information Released - Annex

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