Correspondence sent by the Permanent Secretary to the UK Cabinet Secretary: FOI release

Information requested

Please could I have a copy of any emails, letters or texts sent by the Permanent Secretary to the UK Cabinet Secretary in the last 12 months.

Response

Please find attached requested correspondence.

Some exemptions have been applied and these are outlined in Annex A.

Annex A

Section 28(1) – relations within the UK [where disclosure would otherwise prejudice relations between the SG and another UK administration]

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government as it would reveal candid internal discussion about the other administration’s policies and prematurely reveal negotiating positions. It is essential for the effective administration of the UK as a whole there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. Disclosure of this information will mean that the UK Government is likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.

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 maintaining close working relationships between the Scottish Government and the UK Government and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest. There is no public interest in disclosing information when that will damage relationships and disrupt future communications as that may impact on the effectiveness of future policy development and implementation work.

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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 202600520669 - Information released - Attachment

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