Publication - FOI/EIR release

Shirley-Anne Somerville's meetings July 2022: FOI release

Published: 7 December 2023
Directorate: Education Reform Directorate
Topic: Public sector
FOI reference: 202200331294
Date received: 21 November 2022
Date responded: 19 December 2022

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

Information requested

All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meetings:

1a.) Shirley-Anne Somerville's meeting with Fergus Ewing on July 5, 2022

1b.) Shirley-Anne Somerville's roundtable on education on July 25, 2022

1c.) Shirley-Anne Somerville's meeting with Fiona Robertson on July 26, 2022

Response

I have identified a number of documents relating to your requests, listed in the attached schedule.

1a. Shirley-Anne Somerville's meeting with Fergus Ewing on July 5, 2022
This meeting took place on July 6, 2022, not July 5. I have identified a number of documents for release.

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 under section 38(1(b) of FOISA (personal information) applies to some of that information. This exemption applies because it is personal data of a third party, i.e. names/contact details of 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.

Accordingly a number of redactions have been applied to these documents.

1b. Shirley-Anne Somerville's roundtable on education on July 25, 2022
I can confirm that this meeting did not take place, no documents have been identified for release in relation to a potential meeting on or around this date.

1c. Shirley-Anne Somerville's meeting with Fiona Robertson on July 26, 2022.
I have identified a number of documents for release. As for 1., a number of redactions have been applied under section 38(1)b of FOISA (Personal information) on the same basis as described above.

Some material was identified as covered by the Exemptions under section 30(b)(ii) of FOISA (free and frank exchange of views). The redactions have been applied 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, as part of relationships which remain vital in supporting the delivery of qualifications through the Covid‐19 pandemic and while we are returning to a more normal position.

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 to enable the Government as a whole to reach a decision that is sound and likely to be effective, particularly while the importance of the advice from these relationships continues to have a bearing on how qualifications are affected by the ongoing impacts of Covid‐19 going forward. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken.

About FOI

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