Briefing provided to Scottish Ministers regarding public energy company: FOI release

Information requested

Briefing given from Scottish Government officials to ministers on a public energy company to the date of this request.

Response

Attached is a copy of the information requested.

Exemptions applies to some of the information you've requested. Please see the annex for more detail on this.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. the names/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 (Relates to formulation of policy) applies to some of the information requested because it is relates to the formulation of active polices. 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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in ensuring the possibility for the consideration or development of options and priorities for Scottish Ministers, who will Page 2 subsequently determine which of these should be translated into political action and/or legislation and when.

An exemption under section 30(b) (Prejudice to effective conduct of public affairs) to some of the information requested because it relates to deliberations between Scottish Government officials and the Scottish Ministers.

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. This is because it is necessary for officials and Ministers to have the opportunity to provide each other with free and frank exchange of views in exercising their functions.

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.

FOI202100239850 - Information released

File type

19 page PDF

File size

1.1 MB