Correspondence with SG Interim Chief Statistician and members of the SG: FOI release

Information requested

All email correspondence between the Scottish Government's Interim Chief Statistician, Ally McAlpine, and members of the Scottish Government (including Ministers, Civil Servants, and Special Advisers) from 1st April 2022 until 25th October 2022.

You provided clarification on 26 October that the information you are requesting is email correspondence between Ally McAlpine (Interim Chief Statistician) and members of the Scottish Government (as above) that contains the words ‘Renewable’ and/or ‘GERS’ (from 1 April 2022 until 25 October 2022).

Response

I enclose a copy of most 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 an exemption under section 38(1) (personal information) applies to information which is personal data (in this case individual names and contact details have been redacted).

An exemption under section 38(1) 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. Exemptions under sections 29(1)(a) (formulation or development of government policy) and sections 30(b)(i) & 30(b)(ii) (free and frank provision of advice and exchange of views for the purposes of deliberation) of FOISA also applies to some of the information you have requested. The reasons why those exemptions apply are explained below.

Information is exempt under section 29(1)(a) if it relates to the formulation or development of government policy. In this case, some of the information you have requested is contained in email correspondence about the development of the Scottish Government’s Independence Prospectus which is in an active phase of development.

This exemption (29(1)(a)) 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 release because of the interest in the GERS figures, as well as the topic of renewables. However, this is outweighed by the public interest in ensuring that officials can engage in drafting and developing policy documents in order to present advice and options to Ministers. Exemptions 30(b)(i) and 30(b)(ii) apply because some of the information you have requested is contained in email correspondence that presents advice to Ministers or contains the exchange of views between officials, and disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views.

These exemptions (30(b)(i) and 30(b)(ii)) 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 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 properly and robustly consider all aspects and views relating to their work. Ministers and officials need to have a private space to provide and consider advice and to rigorously scrutinise and debate this, to ensure high quality policy and decision making.

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.

202200326705 - Information release

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