Scottish National Investment Bank Chief Executive recruitment: FOI release

Information requested

“Please supply all information held by the Scottish Government in relation to the emergence and withdrawal of a candidate to be the Bank's CEO as described by Mr Swinney”.

Response

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 under section 38(1)(b) (personal information) of FOISA applies to that information.

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.

Two further exemptions apply under section 30(b)i & b(ii) and 30(c) prejudice to the effective conduct of public affairs of FOISA apply to some of the information you have requested.

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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

Some of the information you have requested relates to a recruitment process and to the provision of advice to Ministers about that process. As part of this, there must naturally be a private space for the provision of advice to Ministers in order to facilitate evidence based decision making. In addition, some of the information is regarding the ongoing recruitment process therefore may effect, substantially, the ability of both the Bank and Ministers make effective decisions should it be released.

We recognise that there is public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in briefings. It is clearly in the public interest that Ministers can properly make decisions, potentially providing sound information to Parliament (to which they are accountable). They need full and candid advice from officials to enable them to do so. 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.

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 202300341270 - Information Released - Annex

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