Communications regarding publication of updated independence prospectus papers: FOI Review

Information requested

Original request - 202200301428

(2) Any internal correspondence discussing the plans to publish the prospectus, and any comms handling documents or discussions around the prospectus.

Response

I am writing in connection with the Scottish Information Commissioner’s decision 220/2024 that requires us to issue a fresh review response in relation to part 2 (below) of your request made on 22 May 2022 -

2) Please provide any internal correspondence since January 2022 discussing the plans to publish the updated prospectus and any comms handling documents or discussions around the prospectus.

Our response

As required by decision 220/2024 we have undertaken revised searches for information falling within the scope of part 2) of your request. These searches have focussed on information relating solely to the timetable for publishing the papers. Accordingly, we have conducted new searches of the SG corporate records management system (eRDM) and have identified information within the scope of your request.

A copy of the information requested is provided in Annex B which is attached separately. The information is provided as extracts of longer documents. The remainder of the information in these longer documents is not within the scope of your request as it is not related to the timetable for publishing the papers.

While we try to provide information requested wherever possible, in this case exemptions apply to some of the information requested as set out below:

30(b)(ii) (free and frank exchange of views)
An exemption under section 30(b)(ii) of FOISA (free and frank provision of advice) applies to a very small amount of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank 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 before the Scottish Government reaches a settled public view.

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 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 exchange full and frank views, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. 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 making process, which would not be in the public interest.

Section 30(c) (prejudice to effective conduct of public affairs)
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. This exemption applies because revealing provisional dates would detract officials from effectively progressing its discussions and plans on these matters, the dates for which were provisional at the material time, and subject to change.

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 enabling the Scottish Government to progress the work of the ‘Building a New Scotland’ series ensuring it can explore these topics without prejudice, and without speculation from the wider public as to when decisions on these matters, for inclusion in the published prospectus, will be taken.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202200309607 - Information Released - Annex

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