Number of draft versions of the Cost of Living (Tenant Protection) Scotland Bill: FOI release

Information requested

A list of the number of drafts/versions of the Cost of Living (Tenant Protection) Scotland Bill Policy Memorandum and Explanatory Notes and first draft of each document.

Response

I enclose a copy of most of the information you requested, please also note that prior to publication there was 21 versions of the Explanatory Notes and 26 versions of the Policy Memorandum, these are working documents creating the content of both documents.

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 sections 29(1)(a) (Formulation and development of government policy) and 36(1) of FOISA (confidentiality in legal proceedings) applies to that information). The reasons for this exemption are explained below.

An exemption under section 29(1)(a) relates to the formulation or development of government policy. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case we have considered whether 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. However, this is outweighed by the public interest in which would enable information to be withheld if its disclosure would inhibit the free and frank exchange of views for the purpose of deliberation. Preserving that confidentiality encourages the free and frank exchange of views that is vital for policy development.

An exemption under section 36(1) of FOISA applies to some of the information you have requested, versions of the Explanatory Notes prior to publication are exempt from release this applies to the information 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.

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FOI 202300364441 - Information Released - Document

File type

17 page PDF

File size

287.5 kB