Publication - FOI/EIR release

Correspondence between Scottish Forestry and the Scottish Government regarding the 2022-23 budget: FOI release

Published: 12 December 2023
Topic: Public sector
FOI reference: 202200285844
Date received: 2 March 2022
Date responded: 22 April 2022

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

Information requested

Any correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) between Scottish Forestry and the Scottish Government regarding the 2022-23 Scottish Government budget, limited to correspondence dates between 1 September 2021 and 24 December 2021.

Response

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

While our aim is to provide information whenever possible, in this instance some of the information you have requested has been redacted because an exemption(s) under section(s) s.29(1)(a) – Formulation or development of Scottish Government Policy and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION
Section 38(1)(b) - personal information

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 the names of staff who are in grades below the Senior Civil Service, 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. Section 29(1)(a) – formulation or development of government policy.

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 formulation and development of the Scottish Government’s policy on the 2022-23 budget.

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 candor in doing so will be affected by their assessment of whether the discussions on the 2022 23 Budget 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.

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.