Materials relating to Cabinet Secretary for Education, Culture and Gaelic's visit to St James Gillespie’s High School: FOI release

Information requested

1. A copy of any briefing materials prepared for the Cabinet Secretary before the visit.

2. A copy of any minutes or a record of what was discussed between the Cabinet Secretary, her officials and the staff and young people at the school.

3. A copy of any emails in the Cabinet Secretary’s email inbox relating to St James Gillespie’s High School within the two days before the visit.

4. A copy of any emails in the Cabinet Secretary’s email inbox relating to St James Gillespie’s High School within the two days after the visit.

5. A copy of any emails in the Cabinet Secretary’s email inbox relating to St James Gillespie’s High School on the day of the visit.

Response

1. A copy of any briefing materials prepared for the Cabinet Secretary before the visit.

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 an exemption under section 38(1)(b) (personal information) of FOISA applies to some information. 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.

In addition, we are also unable to provide some of the information you have requested because an exemption under section 30(b)(i) of FOISA (free and frank provision of advice) 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. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on mobile phones in schools will substantially inhibit the provision of such advice in the future, particularly 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, as part of the process of exploring and refining the Government’s policy position on mobile phones in schools, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, 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 making process, which would not be in the public interest.

We are also unable to provide some of the information you have requested because an exemption under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of 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 exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on mobile phones in schools will substantially inhibit such briefing in the future, particularly because discussions on the issue are still ongoing and final decisions have not been taken.

These exemptions are 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 exemptions. 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 provide free and frank advice and views to Ministers in briefing for school visits linked to developing policy positions. It is clearly in the public interest that Ministers can properly engage with key stakeholders on matters of developing policy. They need full and candid advice from officials to enable them to do so. Premature 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.

2. A copy of any minutes or a record of what was discussed between the Cabinet Secretary, her officials and the staff and young people at the school.

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 an exemption under section 38(1)(b) (personal information) of FOISA applies to some information. 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.

In addition, we are also unable to provide some of the information you have requested because an exemption under section 30(b)(ii) of FOISA (free and frank 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 exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with school staff on matters relating to government policy will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while 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 Ministers a private space within which to communicate with external stakeholders as part of the process of exploring and refining the Government’s policy position on education matters, until the Government as a whole can adopt a policy 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 decisions can be taken based on fully informed advice and evidence, such as that provided by school staff. 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. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

3. A copy of any emails in the Cabinet Secretary’s email inbox relating to St James Gillespie’s High School within the two days before the visit.

The Scottish Government does not hold the information requested.

The Scottish Government does not have the information you have asked for because the information you are looking for was routinely destroyed, in accordance with our standard records management practice, before the date of your request.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

4. A copy of any emails in the Cabinet Secretary’s email inbox relating to St James Gillespie’s High School within the two days after the visit.

The Scottish Government does not hold the information requested.

The Scottish Government does not have the information you have asked for because the information you are looking for was routinely destroyed, in accordance with our standard records management practice, before the date of your request.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

5. A copy of any emails in the Cabinet Secretary’s email inbox relating to St James Gillespie’s High School on the day of the visit.

The Scottish Government does not hold the information requested.

The Scottish Government does not have the information you have asked for because the information you are looking for was routinely destroyed, in accordance with our standard records management practice, before the date of your request.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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 202600519573 - Information Released - Enclosures

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