Referendum Plans: FOI review

Information requested

1. Does the Scottish Government have a planning date in 2023 on which it intends that a referendum will be held?
2. If there is a planning date, what is that date? (Please note: I am asking for a specific date, not a deadline; but if at this stage this has only been planned as a month rather than a specific day, please let me know the month in 2023. Similarly, if the month has not been determined for some reason, please let me know the Quarter in which it is planned for a referendum to be held.)
3. Does the Scottish Government have a plan which covers the activities, events and other preparations which will need to take place before a referendum can be held?
4. If there is a plan, please could you provide me with a copy? (Please note: I am not asking for the advice which has contributed to that plan, or to any information relating to the formulation of policy or the drafting of the plan; I would just like to see the plan, with its key dates.)

Response

I have looked at your request afresh to decide whether the original response should be confirmed, with or without modifications, as appropriate, or that a fresh decision should be substituted.

I have concluded that the original decision should be confirmed, with modifications.

On the format and detail of the response, I have modified our response in order to provide separate answers to each of your four questions. This is enclosed at the Annex. I have fed back my review findings to the case handler. I have also included additional information outwith FOISA as it post-dates your request of 25 May 2022 but is relevant to your request and may be helpful to you.

In reaching my conclusion I have also reviewed the application of exemptions and reconsidered the public interest test. I have reached the same assessment in the application of exemptions and there has been no change in circumstance which would affect the outcome of the public interest test. I have therefore upheld the decision to apply the exemptions under Section 29(1)(a) (formulation or development of government policy) of FOISA.

1

At the time of your request the Scottish Government planning for a referendum was in line with the Programme for Government 2021-22 commitment to introduce a Bill on an independence referendum: The Scottish Government will work to ensure that a legitimate and constitutional referendum can be held within this Parliament, and if the Covid crisis is over, within the first half of this Parliament. Therefore, at the time of your request the Scottish Government did not have “a planning date”. However, and as noted below, since our original response the Government has made a statement about the timing of a referendum.

2

The Programme for Government 2021-22 commitment stipulates ‘within the first half of this Parliament’ (the period up to the end of 2023). An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to all of the information requested because it relates to the formulation of the Scottish Government’s policy on the Programme for Government commitment to introduce a Bill on an Independence Referendum. 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 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 on 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. You may find it helpful to note that since your request, the First Minister announced to the Scottish Parliament on 28 June 2022 the next steps on securing a referendum on independence and the Scottish Government proposal that a referendum be held on 19 October 2023. A full account of these commitments can be found at the following link: Meeting of the Parliament: 28/06/2022 | Scottish Parliament Website

3

Yes, the Scottish Government has plans for delivery of its Programme for Government commitment to hold a referendum on independence.

4

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to all of the information requested because it relates to the formulation of the Scottish Government’s policy on the Programme for Government commitment to introduce a Bill on an Independence Referendum. 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 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 on 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.

The Referendums (Scotland) Act 2020, which was commenced on 30 January 2020, provides a legal framework for the holding of referendums on any matters within the control of the Scottish Parliament. Details pertaining to the campaign, conduct, activities, events and other necessary preparations you referenced in your request are set out in the Act. You can access the Act at the link provided below:

Referendums (Scotland) Act 2020 (legislation.gov.uk)

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.

You may also wish to note that since your request, the First Minister made a statement to Parliament outlining next steps for securing an independence referendum. That statement explained that a letter to the Prime Minister had been sent to make clear that the Scottish Government is ready and willing to negotiate the terms of a section 30 order to facilitate a referendum. The Lord Advocate has also used the power to refer to the Supreme Court the question of whether provisions in the draft “Scottish Independence Referendum Bill” relate to reserved matters. You can access further information on this at the links provided below:

Meeting of the Parliament: 28/06/2022 | Scottish Parliament Website

Letter from the First Minister to the Prime Minister on Independence Referendum - gov.scot (www.gov.scot)

Reference to Supreme Court: whether the question for a referendum on Scottish Independence contained in the proposed referendum Bill relates to reserved matters - gov.scot (www.gov.scot)

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.