Publication - FOI/EIR release

Future plans and farm payment model - post Brexit: FOI release

Published: 15 August 2019
Directorate: Agriculture and Rural Economy Directorate
Topic: Brexit, Farming and rural, Public sector
FOI reference: FOI/19/01663
Date received: 11 July 2019
Date responded: 14 August 2019

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

Information requested

Any correspondence (letters, emails or otherwise) between Fergus Ewing and Scottish Government Officials relating to a plan outlining a future farm payment model post-Brexit
Documentation outlining plans for a future farm payment model post Brexit
Timeframe: since September 2018.

FOI/19-01664:
Documentation outlining plans for the following:

analysis carried out on transition periods for agricultural support
plans to simplify the delivery arrangements for pillar 1 payments
plans to support Scottish agriculture during an implementation period
plans to streamline the process of applying for, receiving and accounting for support payments during a transition period
plans to encourage and support new entrants
plans to promote innovation
plans to improve the environmental performance of Scottish agriculture
analysis on the social and environmental impact of capping of payments
plans to tailor farm inspections to local circumstances
plans to develop a fairer penalty regime for farm support
plans to expand capital support for agriculture

Timeframe: since September 2018.

Response

I enclose a copy of some of the information you requested.
Some of the information you have requested is available from:
ARD (agriculture and rural development) Stakeholder Group minutes
www.gov.scot/groups/ard-stakeholders
SRDP 2014 - 2020 Rural Development Operational Committee (RDOC) minutes
www.gov.scot/groups/srdp-2014---2020-rural-development-operational-committee
Simplification Taskforce minutes
www.gov.scot/groups/rural-funding-simplification-taskforce
Farming and Food Production Future Policy Group minutes (once it formally meets)
www.gov.scot/groups/farming-and-food-production-group

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 section(s) of FOISA applies to that information:
s.29(1)(a) formulation or development of Scottish Government policy
s.30(b)(i)(ii) free and frank provision of advice or exchange of views
s.38(1)(b) personal information
The reasons why that exemption(s) applies are explained in the Annex to this letter.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names and contact details of individuals, 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 applies, subject to the public interest test
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information you have requested because it relates to the development of the Scottish Government’s future farm payment model. It contains information on the formulation or development 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 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 candour in doing so will be affected by their assessment of whether the discussions on a future farm payment model 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 development.

An exemption applies, subject to the public interest test
An exemption under section 30(b)(i) and (ii) of FOISA (free and frank provision of advice and exchange of views) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the proposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to provide advice and exchange views before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on a future farm payment model will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken, and these discussions relate to a sensitive or controversial issue such as Brexit.

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 other officials, as part of the process of exploring and refining the Government’s position on a future farm payment model, until the Government as a whole can adopt a policy that is sound and likely to be effective. 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 between Ministers and officials, which in turn will undermine the quality of the policy and decision making process, which would not be in the public interest.
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.