Transport Scotland's Status as an Executive Agency: FOI release

Information requested

You asked for information relating to the options or decision paper concerning Transport Scotland's status as an executive agency, including any assessment of whether it should remain an agency, become a core directorate, or have functions transferred elsewhere, and any implications identified for governance, accounting officer responsibilities, procurement, staffing and ministerial accountability

Response

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(s) under section s.29(1)(a) (policy formulation) of FOISA applies to that information. The reasons why that exemption applied 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.

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 202600536042 - Information Released - Annex A

File type

PDF

File size

1.6 MB