Minister for Green Skills, Circular Economy and Biodiversity visit to Isle of Rum: FOI Release

Information requested

Briefing notes supplied to Lorna Slater, Minister for Green Skills, Circular Economy and Biodiversity, for her recent trip to the Isle of Rum in May 2023.

Response

I enclose a copy of most of the information you requested.

Exemptions

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 s.38(1)(b) (personal information), s.30(b)(i) (Free and Frank Provision of Advice), and s.33(1)(b) (Commercial Interests) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

1. s.38(1)(b) (personal information)

This applies to some of the correspondence requested because it is personal data of a third party, i.e. named 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.

2. s.30(b)(i) (Free and Frank Provision of Advice)

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on governance matters relating to the Isle of Rum and its resources and the possible actions of third parties will substantially inhibit the provision of such advice in the future, particularly because these sensitive handling of Ministerial responsibilities and information provided by third parties which is not in the public domain. 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 allowing a private space within which officials can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered. Premature 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 decision making process, which would not be in the public interest.

3. s.33(1)(b) (Commercial Interests)

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

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FOI 202300360940 - Information Released

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11 page PDF

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