Publication - FOI/EIR release

Briefings, speeches and events attended by Minister for zero carbon buildings, active travel and tenants' rights: FOI release

Published: 18 December 2023
Directorate: Local Government and Housing Directorate
Topic: Public sector
FOI reference: 202200334728
Date received: 20 December 2022
Date responded: 21 March 2023

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

Information requested

Any briefings by MSP staff and/or civil servants for Patrick Harvie MSP during October and November 2022, any speeches written by MSP staff and/or civil servants for Patrick Harvie MSP during October and November 2022 and a list of all events attended by Patrick Harvie MSP during October and November 2022.

Response

I enclose a copy of most of the information you requested.

Events attended by Patrick Harvie MSP in October can be found at the attached link Ministerial engagements, travel and gifts - gov.scot (www.gov.scot)

Under section 25(1) of FOISA, we do not have to give you information that is already reasonably accessible to you.

An exemption under section 27(1) has been applied as the full list of events attended by Patrick Harvie, MSP is information intended for future publication.

I enclose copies of the briefing and speeches sent to Patrick Harvie, MSP in October and November 2022.

Exemption under section 17 has been applied as some of the information is not held. Briefings were not prepared for meetings Mr Harvie, MSP took part in on 4 & 5 October 2022 as he was fully briefed from Parliamentary business.

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.

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.

An exemption under Section 32(1)(a) of FOISA (The UK’s international relations or interests abroad) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, substantially prejudice the UK’s international relations or interests abroad.

An exemption under section 33(1)(b) of FOISA (substantial prejudice to commercial interests) applies to some of the information requested. where disclosure of the particular information requested would, or would be likely to, directly lead to substantial prejudice to the commercial interests of any commercial organisation, or any other person, which has been referred to in a report or assessment.

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the financial interests of the Scottish Government, to ensure that we are always able to obtain the best value for public money.

An exemption under section 36(2) of FOISA (actionable breach of confidence) applies to some the information requested because it was obtained from an event organiser and disclosure would constitute an actionable breach of confidence. This is because the information is confidential, was provided in circumstances which imposed an obligation on the Scottish Government to maintain that confidentiality, and unauthorised disclosure would be to the detriment of the event organiser who provided the information. 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 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/contact details of individuals), and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.

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