Meeting with TATA steel 5 Dec 22: FOI release

Information requested

1. A copy of the minutes of the meeting between the Scottish Government and TATA Steel on 5th December 2022.
2. A copy of all correspondence, including those which involve ministers, Special Advisors and the media office, around the setting up of this meeting.

Response

The information held by the Scottish Government that falls within the scope of your request has been attached separately for your reference. While our aim is to provide you information wherever we can, on this occasion we are unable to provide you with all of the information you have requested as statutory exemptions under FOISA apply. Further information regarding these exemptions can be found in the annex below.

Some of the information you have requested is available from: Communications between Scottish Government and Tata Steel: FOI Review - gov.scot (www.gov.scot). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact us again and we will send you a paper copy.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

Section 30(c) – substantial prejudice to the effective conduct of public affairs
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate, often in confidence, with external stakeholders on a range of issues. Disclosing the content of these communications and information about these meetings, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to participate in meetings and provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing and decisions have not been taken. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed policies and decisions.

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 communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a policy and decision 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. 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 and decision making process, which would not be in the public interest.

Section 38(1)(b) – Personal Data
This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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.

Section 25(1) - Information Otherwise Accessible
Some of the information you have requested is available from the Scottish Government website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

5908 Document for Release

File type

10 page PDF

File size

767.9 kB