Publication - FOI/EIR release

Briefings given to Cabinet Secretary Mairi Gougeon MSP and/or Minister Màiri McAllan MSP for the Rural Affairs and Islands portfolio questions on 24 March 2022: FOI release

Published: 19 December 2023
Directorate: Agriculture and Rural Economy Directorate
Topic: Public sector
FOI reference: 202200291612
Date received: 30 March 2022
Date responded: 18 May 2022

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

Information requested

All Scottish Government briefings given to Cabinet Secretary Mairi Gougeon MSP for the Rural Affairs and Islands portfolio questions on 24 March 2022.
All Scottish Government briefings given to Minister Màiri McAllan MSP for the Rural Affairs and Islands portfolio questions on 24 March 2022.

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 some exemptions under sections S38(1) (personal information) and S30(1)(ii) (free and frank advice), of FOISA applies to that information. The reasons why that exemptions apply are explained in the Annex to this letter.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don’t have the information are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Some Exemptions apply
S38(1) of FOISA for personal information of a third party
An exemption under section 38(1)(b) (personal information) of FOISA also applies to some of the information requested because it is personal data of a third party, i.e. the names and 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.

S30 (1) (ii) of FOISA for free and frank advice
An exemption applies, subject to the public interest test. An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested and has been marked as redacted accordingly. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a decision. Disclosing the content of free and frank discussions on future funding decisions will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing.

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 some 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 free frank advice and views to Ministers in exploring a policy decisions. 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. Premature disclosure is likely to undermine the full and frank discussion of such matters between the Scottish Government and stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

The Scottish Government does not have the information
The Scottish Government does not have the information you have asked for because the Parliamentary questions you have requested were addressed to Ms Mairi Gougeon and I have attached these. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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.