Records of all calls and/or meetings between John Swinney and SQA: FOI release

Information requested

1. Records of all calls and/or meetings (including video calls) between John Swinney (including his staff or any special advisers) and Fiona Robertson of the SQA. This includes, but is not necessarily limited to, dates, times, attendees, personal notes, minutes
   The time frame for this request is 01/01/2020 - 31/8/2020 
2. Records of all calls and/or meetings (including video calls) between John Swinney (including his staff or any special advisers) and Fiona Robertson of the SQA. This includes, but is not necessarily limited to, dates, times, attendees, personal notes, minutes
   The time frame for this request is 01/09/2020 - 31/12/2020
3. Records of all calls and/or meetings (including video calls) between John Swinney (including his staff or any special advisers) and Fiona Robertson of the SQA. This includes, but is not necessarily limited to, dates, times, attendees, personal notes, minutes
   The time frame for this request is 01/01/2021 - present 
4. Copies of all communication between John Swinney (including his staff or any special advisers working for him) and Fiona Robertson of the SQA
   The time frame for this request is 01/01/2020 - 31/8/2020
5. Copies of all communication between John Swinney (including his staff or any special advisers working for him) and Fiona Robertson of the SQA
   The time frame for this request is 01/09/2020 - 31/12/2020
6. Copies of all communication between John Swinney (including his staff or any special advisers working for him) and Fiona Robertson of the SQA
   The time frame for this request is 01/01/2021 - present

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) 25(1) (information publicly available), 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views) or 38(b)(i) (personal information) of FOISA applies to that information. 

Some of the information you have requested is available from the SQA website – the direct link is provided in the index of enclosures. 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 listed, then please contact me again and I will send you a paper copy.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of 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. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on 2021 appeals processes and qualifications reform will substantially inhibit such briefing in the future, particularly because the ability of Ministers and officials to do this without inhibition is vital in order to deliver or develop the process effectively.  

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 issues can be explored and refined, until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the decision making process.

An exemption under section 38(1)(b) of FOISA (personal information) 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.

You may also be interested to see the minutes of the COVID-19 Education Recovery Group (CERG) meetings, which are available on the Scottish Government website: 
https://www.gov.scot/groups/covid-19-education-recovery-group/ 

About FOI

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FOI - 202000211591 - Annex A

File type

106 page PDF

File size

11.2 MB