Publication - FOI/EIR release

Internal correspondence and communications with external agencies/companies regarding Lorna Slater's visit to Isle of Rum: FOI release

Published: 4 January 2024
Directorate: Environment and Forestry Directorate
Topic: Public sector
FOI reference: 202300356756
Date received: 15 May 2023
Date responded: 13 June 2023

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

All the internal correspondence and communications with external agencies/companies regarding Lorna Slater's visit to the Isle of Rum on May 12 2023.

Response

All correspondence (internal and external) in relation to Ms Slater’s visit to the Isle of Rum can be found as separate attachments alongside this response. Some exemptions have been applied under Section 38(i) (b), Section 33(1)(b) and Section 30(b)(i) of FOISA.

EXEMPTIONS APPLIED
Free and Frank Advice – Section 30(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 exemption(s) under section 30(b) - Prejudice to effective conduct of public affairs - of FOISA applies to that information. 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 and other officials before the Scottish Government reaches a settled public view.

Disclosing the content of free and frank advice on governance matters relating to the Isle of Rum and its resources and the possible actions of third parties will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to sensitive handling of Ministerial responsibilities and information provided by third parties which is not in the public domain.

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 and other officials, as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a position 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.

Personal Data - Section 38(1)(b)
While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption(s) under section 38(1 (b) - Personal Information - of FOISA applies to that information. This applies to some of the correspondence requested because it is personal data of a third party, i.e. named 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.

Commercial interest – Section 33(1)(b)
While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption(s) under section 33(1 (b) - Commercial interests and the economy of FOISA applies to that information. 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, premature disclosure of its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority).

Where these exemptions were applied partially to the information being released you will note redactions within the documents at the relevant sections deemed not for disclosure i.e. exempt information as outlined above.

Operation of a ministerial private office – Section 29(1)(d)
An exemption under section 29(1)(d) of FOISA applies to some of the information requested because it relates to the operation of a ministerial private office. 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 operate their private office, including for consideration of operational options and personal security.

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