Implementation of Programme for Government: FOI release

FOI reference: FOI/18/00402
Date received: 9 February 2018
Date responded: 22 March 2018

Information requested

Any correspondence (emails, typed/written notes, letters, calls, briefs or otherwise) where SpAds, Ministers or SCS offered advice on the implementation or political impact of Nicola Sturgeon's five 'PfG' ideas mentioned in Richard Rollisons email of 14/07/17.

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 exemptions under sections 29(1)(a) (policy formulation) and 30(i) and (ii) (free and frank provision of advice and exchange of views) of FOISA apply to that information. The reasons why that exemption(s) applies are explained below.

Reasons for not providing information

Exemptions apply, subject to the public interest test.

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested because it relates to the formulation of Scottish Government policy.

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 development and implementation. 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 candour in doing so will be affected by their assessment of whether discussions on the five PfG ideas will be disclosed in the near future, when it may undermine or constrain the Government's view on the policies while they are still under discussion and development.

Exemptions also apply under sections 30b (i) and (ii) of FOISA (free and frank provision of advice and exchange of views. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice and views on the five PfG ideas will substantially inhibit the provision of such advice in the future.

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 and each other as part of the process of exploring and refining the Government's position on the five PfG ideas as part of the process of developing the Programme for Government (PfG). This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues and exchange of views between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

About FOI

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FOI-18-00402 - related documents.pdf

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