Cost of Living (Tenant Protection) Scotland Bill: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
You asked for all briefing notes provided to Ministers regarding the Cost of Living (Tenant Protection) Scotland Bill between 1 September 2022 and 10 October 2022.
Response
I enclose a copy of most of the information you requested.
Some of the information you have requested is available from Cost of Living Bill Overview and gov.scot.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
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 exemptions under sections 29(1)(a) Formulation and development of government policy; 38(1)(b) (personal information); and 30 (b) (1) Substantial inhibition to free and frank provision of advice; of FOISA apply to that information.
The reasons why exemption(s) apply are explained below
An exemption under section 38 (1) (B) applies to names or personal data that might identify people.
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 withholding the information.
An exemption under section 29(1)(a) relates to the formulation or development of government policy.
This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case we have considered whether 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. However, this is outweighed by the public interest in which would enable information to be withheld if its disclosure would inhibit the free and frank exchange of views for the purpose of deliberation. Preserving that confidentiality encourages the free and frank exchange of views that is vital for policy development.
An exemption under 30 (b) (1) applies to information where the disclosure would have an inhibiting effect on the provision of advice or on the exchange on views. This exemption is also subject to the public interest test. As above, we have considered whether 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. However, this is outweighed by the public interest which would enable information to be withheld if its disclosure would inhibit the free and frank exchange of views for the purpose of deliberation. Preserving that confidentiality encourages the free and frank exchange of views that is vital for policy 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.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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