Correspondence involving Special Advisers which relates to FOI requests concerning the Scottish Government’s bond programme: FOI release

Information requested

For the period 4th December 2024 - date, please provide all correspondence (by email or direct messaging application) involving Special Advisers which relates to FOI requests concerning the Scottish Government’s bond programme.

Response

We have conducted what we consider to be proportionate searches and information has been identified as being in the scope of your request. I enclose a copy of the information at Annex A.

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 30 (b)(i) and (ii), (provision of full and frank advice and views); section 30 (c), (prejudice to the effective conduct of public affairs); and section 38(1)(b) (third party personal data) of FOISA apply.

The reasons these exemptions apply are explained below.

• Exemptions under section 30 b (i) and (ii) of FOISA (free and frank advice and views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and views for the purposes of deliberation. The exemption recognises the need for private space within which to seek and discuss advice/ views. Disclosing the content of free and frank information will substantially inhibit such information in the future. This exemption is subject to the public interest and prejudice test. 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 exemptions. 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 exchange free and frank advice with expert advisers to support policy formation. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.
• Exemptions under section 30 c of FOISA (prejudice to effective conduct of public affairs) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit the effective conduct of public affairs. This exemption is subject to the public interest and prejudice test. 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 exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government.However, there is a greater public interest in protecting the integrity of internal processes to conduct public affairs effectively.
• Exemptions under section 38(1)(b) of FOISA (third party personal data) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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 202600513013 - Information Released - Annex A

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