Reformation of Transport Scotland correspondence: FOI release

Information requested

You asked for all emails, documents, correspondence, Ministerial Submissions, briefings, meeting minutes, or advice notes relating to, or containing information about, Transport Scotland being brought into core Scottish Government, sent to, or received by, the following individuals between March 2026 and the date of this email:

• FM John Swinney MSP and their private office
• DFM Jenny Gilruth MSP and their private office
• DG Economy Gregor Irwin
• DG Net Zero Andy Kerr
• Transport Scotland CEO Alison Irvine

Response

A copy of some of the information you requested has been sent to you under seperate email cover as Annex A and Annex B.

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 exemptions under sections s.29(1)(a) (formulation of government policy), s.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views for the purposes of deliberation) or s.38(1)(b) (third party dataof FOISA applies to that information. The reasons why those exemptions apply are explained below.

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 the formulation and development of the Scottish Government’s policy on Transport Scotland moving into core Scottish Government.

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 at this time. 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 relating to Transport Scotland becoming part of core Scottish Government 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.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) also applies to some 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. These exemption recognises the need for officials to have a private space within which to provide free and frank advice and views and to explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice and discussions on Transport Scotland moving into core Scottish Government will substantially inhibit the provision of such advice and discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken, and/or these discussions relate to a sensitive or controversial issue involving the integration of Scotland's National Transport Agency into Scottish Government.

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 and officials a private space within which to explore and refine the Government’s position on Transport Scotland's integration, until the Government as a whole can adopt a decision 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 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 decision making process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information you have 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. The Scottish Government has a general approach of disclosing information about senior members of staff, releasing details of those within senior civil service roles and officials with relatively senior roles that are public facing, but withholding those details for more junior members of staff.

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 202600535751 - Information Released - Annex A

File type

PDF

File size

10.7 MB

FOI 202600535751 - Information Released - Annex B

File type

PDF

File size

1.3 MB