Publication - FOI/EIR release

The potential impact on Scots from the cost-of-living crisis: FOI release

Published: 8 February 2023
Directorate: Tackling Child Poverty and Social Justice Directorate
Topic: Children and families, Public sector
FOI reference: FOI/202200331389
Date received: 21 November 2022
Date responded: 7 February 2023

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

Information requested

Any reports, briefings, presentations, or other documents or information such as polling and analysis, on the potential impact on Scots from the cost-of-living crisis, received by the deputy first minister in May, June and July 2022'. Following correspondence with yourself, the request was changed to 'Any reports, briefings, presentations, or other documents or information such as polling and analysis, on the potential impact on Scots from the cost-of-living crisis, received by the deputy first minister in September, October and November 2022.

Response

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

Some of the information you have requested is available from the Scottish Government publications webpage, Cost of Living website (Cost of living crisis - gov.scot (www.gov.scot)),(Publications - gov.scot (www.gov.scot)) and the Scottish Parliament website. 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. The full list of information which is relevant to the request but falls under S25(1) includes:

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 an exemption(s) under sections 29(1)(a) (Policy formulation); 30 (Prejudice to effective conduct of public affairs); 27 (Information intended for future publication); 36 (Confidentiality) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

All other information has been released.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Exemption s.29(1)(a) applies to the formulation or development of government policy, exemption 30(b)

(i) applies to the free and frank provision of advice and exemption 30(b)(ii) to the free and frank exchange of views for the purposes of deliberation.

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 because of the general public interest that information is accessible i.e. it is possible that disclosure could enhance scrutiny and future decision-making processes and thereby improve accountability and participation.

However, the public interest in withholding the information outweighs the public interest in disclosing it. This is because the outcome/policy decisions in this paper have been made public, and it is not in the public interest to inhibit the free and frank provision of advice to Ministers.

An exemption(s) under section S.27 of FOISA: Information intended for future publication, applies to some of the information you have requested and has been applied in one case. The exemption in section 27(1) - Information held with a view to publication - allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks, but only if it is reasonable to delay disclosing the information until the planned date of publication. This applies in the case of the Tenant Grant Fund statistics, which were due to be published on 10 January 2023 which is within 12 weeks of your request. The publication can be found here - Tenant Grant Fund monitoring report: September 2022 - gov.scot (www.gov.scot)

Lastly, an exemption under section 36(1) of FOISA (claim to confidentiality of communications) applies to some of the information you have requested, because it is legal advice and disclosure would breach legal professional privilege.

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 maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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.

FOI 202200331389 - Information released

File type: 113 page PDF
File size: 2.8 MB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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