Discussion held regarding First Home Fund: FOI release

Information requested

Copies of all communications involving Scottish Government Ministers and Cabinet Secretaries, sent between April 1 and October 22 of 2021, in which there is discussion of the First Home Fund.

Response

Attached is a copy of some of the information 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 25(1) (information otherwise accessible), 29(1)(b) (Ministerial communications), 30(a) (substantial prejudice to the convention of collective responsibility of Scottish Ministers), Section 30(b)(i) (substantial inhibition of free and frank provision of advice), section 30(b)(ii) (substantial inhibition of free and frank exchange of views for the purposes of deliberation) and section 38(1)(b) (personal data of a third party) of FOISA apply to that information. The reasons why these exemptions apply are explained below. 

Section 25(1) (information otherwise accessible)
A small amount of information within the scope of your request consists of a previous media enquiry from the Press & Journal to the Scottish Government, and our response to that enquiry. Since we assume that you will already have sight of that information we have not provided it again here. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

Section 29(1)(b) of FOISA (Ministerial communications) and section 30(a) (substantial prejudice to the convention of collective responsibility of Scottish Ministers)
An exemption under section 29(1)(b) of FOISA (Ministerial communications) and section 30(a) (substantial prejudice to the convention of collective responsibility of Scottish Ministers) of FOISA applies to some of the information requested because it relates to communications between Scottish Ministers. These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 Ministers a private space within which issues can be explored and refined, until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken. Disclosure is likely to undermine the discussion of issues between Ministers, which in turn will undermine the quality of the decision making process.

Sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views for the purpose of deliberation)
Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for officials to have a private space within which to seek advice and views from officials before reaching the settled position. Disclosing the content of free and frank material will substantially inhibit discussions in the future. These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and exchange views. It is clearly in the public interest that officials can properly discuss these matters. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Section 38(1)(b) (personal data of a third party)
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, i.e. 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.

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.

FOI202100250258 - Information released

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61 page PDF

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