Publication - FOI/EIR release

Liz Lloyd's diary, schedule and expenses claims for specified dates: FOI release

Published: 14 February 2019
Directorate: Population Health Directorate
FOI reference: FOI/19/00154
Date received: 16 January 2019
Date responded: 13 February 2019

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

Information requested

Including for FOIs/19/00155, 00156, 00157, & 00194

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 15, 16, 17 January 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 23, 24, 25 January 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 5,6,7 March 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 1, 2, 3 April 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 22, 23, 24 April 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 6, 7, 8 June 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 13, 14, 15 July 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 17, 18, 19 July 2018. Please also include any expenses claims by Liz Lloyd for those dates.

The full contents of Liz Lloyd’s diary, schedule, call log or minutes of meetings for the following dates: 20-27 August 2018 (inclusive). Please also include any expenses claims by Liz Lloyd for those dates.

Response

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

Date	Name	Expense Type/Description	Cost
02 April 2018	Liz Lloyd	Ad-Hoc Receipted/Newspapers	£9.30

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 30(a), 30(b)(i), 30(b)(ii), 32(1)(a)(i), 38(1)(b), and 39(1) of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

We do not hold any other material which falls within scope of your request. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Exemptions Apply

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested, because it is the personal data of a third party 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.

An exemption under section 30(a) of FOISA (convention of collective responsibility of Scottish Ministers) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially the convention of the collective responsibility of Scottish Ministers. Government in Scotland, as in the rest of the UK, has long worked under the convention that Ministers are collectively responsible for decisions and their delivery. Collective responsibility requires collective discretion, and ensures that Ministers can express their views frankly in internal discussion of an issue while maintaining a united front once decisions have been reached. Furthermore, disclosing Cabinet minutes which record their views would prejudice substantially the maintenance of the convention.

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. On the other hand, we consider there is a greater public interest in protecting a private space within which Ministers can explore, debate rigorously and refine the full range of policy options available.

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 other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on ministerial visits will substantially inhibit the provision of such advice in the future, particularly because of the diplomatic implications of decisions about visits.

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 other officials, as part of the process of exploring and refining the Government’s position on aspects of ministerial visits. 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.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions 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 officials a private space within which to explore and refine the Government’s position. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken.

An exemption under section 32(1)(a)(i) of FOISA (international relations) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and other States. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States. In this case, the information about options for a potential visit was given to the Scottish Government on the understanding that it would be treated as being in confidence. If the Scottish Government does not respect this confidence, the UK Government’s relations with other States and its ability to protect and promote UK interests will be substantially prejudiced.

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 ensuring that the UK Government is able to maintain good relations with other States, in order to protect and promote UK interests abroad.

An exemption under section 39(1) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual.

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