Publication - FOI/EIR release

Shipping of Scottish exports to international and EU markets: FOI release

Published: 3 January 2024
Directorate: Chief Economist Directorate
Topic: Public sector
FOI reference: 202300340332
Date received: 26 January 2023
Date responded: 15 March 2023

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

Information requested

Any Scottish Government discussion/analysis (23rd June 2016 – date) on the question of how Scottish exports are shipped to international and EU markets. In particular, the question of how much is shipped directly from Scotland vs how much ships via the rest of the UK. Slide decks/briefing notes/data tables are the main request; email discussions would be valuable but not essential.

Response

A copy of some of the information you requested is attached.

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 exemptions under the following sections of FOISA apply to that information: Section 29(1)(a) Formulation or development of Scottish Government policy; 30(b)(i) Free and Frank Provision of Advice; 33(1)(b) Commercial Interests; 39(1 (b) Personal Data. The reasons why that exemption(s) applies are explained in the Annex to this letter.

Annex - Reasons for not providing information (As referenced above)
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government cannot provide some of the information you have requested.

An exemption applies
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie 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.

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 development of the Scottish Government’s policy on increasing exports from Scotland’s ports.

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 regarding Scotland’s ports 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.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. 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 related to exporting from Scottish ports, will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken.

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 policy position on increasing exports from Scottish ports until the Government as a whole can adopt a decision 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 policy 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 policy making process, which would not be in the public interest.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of various seaports and airports across Scotland, as well as relevant industry bodies. This would involve disclosing private information of commercial businesses that have provided advice and feedback in goodwill for the specific purpose of assisting in policy 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 http://www.gov.scot/foi-responses.