Publication - FOI/EIR release

Various meetings and correspondence relating to former First Ministers: FOI release

Published: 12 August 2024
Directorate: Communications and Ministerial Support Directorate
Topic: Public sector, Work and skills
FOI reference: FOI/202300374275
Date received: 4 September 2023
Date responded: 2 October 2023

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

Information requested

1. All correspondence received and sent by the Scottish Government to Back Off Scotland and all briefings written for ministers about the group between March 2023 and the date of this FOI.

2. Did Humza Yousaf issue an instruction to his cabinet to support Nicola Sturgeon in June after her arrest and all written ministerial briefings about this? Did he seek legal advice about this?

3. All briefings created for ministers about the comments about Nicola Sturgeon made by Murray Foote and James Dornan in June?

4. Are all the government ministers keeping the wage freeze which has been in place for 14 years for 2022/23 and 2023/24?

5. All minutes and briefings/notes from Humza Yousaf's meetings with NHS staff to mark the 75th anniversary of the NHS?

Response

1. An exemption(s) under section 29(1)(a) of FOISA applies to some of the information you have requested. This information relates to the development of Scottish Government policy on abortion. This exemption recognises the need for officials and Ministers to be able to consider fully a range of information on abortion policy matters, before reaching a settled public position.

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 officials and Ministers a private space to consider the information and evidence available on matters of such importance, including using information provided by stakeholders, before reaching a settled public position.

An exemption(s) under section 30(c) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. It is essential for the Scottish Government to be able to communicate, often in confidence, with external stakeholders on issues such as abortion policy. Disclosing the content of these communications is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to share their views fully and frankly if they believe that their views are likely to be made public, particularly where these discussions relate to a sensitive issue, such as abortion. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the information it needs to make fully informed decisions.

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, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing officials a private space within which to communicate with appropriate external stakeholders as part of the process of developing options. This private space is essential so that decisions can be taken based on informed advice. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Please find attached at Annex A the information we are releasing to you.

2. and 3. The Scottish Government does not have the information you have asked for. The Scottish Government provide support and advice to Ministers on government business and the civil service does not provide support or advice on party related matters. Therefore, this is a formal notice under Section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

4. In 2022-23, Scottish Ministers froze their pay for the fourteenth year running, recognising the wider economic and fiscal pressures as well as the restraints placed on public sector pay. The voluntary pay freeze remains in place in 2023-24.

5. 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 have been applied. The reasons why these exemptions have been applied are explained in the summary of information below. Please find attached at Annexes.

Briefing on Visit to Edinburgh Castle - Exemption s.38(1)(b) (personal data relating to third party) has been applied. This exemption is not subject to the public interest test. Please find attached at Annex B the information we are releasing to you.

Briefing on Visit to Forth Valley - Exemption s.38(1)(b) (personal data relating to third party) has been applied. This exemption is not subject to the public interest test.

Exemption s.30(b)(i) (free and frank provision of advice) has been applied. 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, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing officials a private space within which to communicate with Ministers.

Exemption 25(1) (information otherwise accessible) has been applied. This information can be found at the following links: Link to the official report on FMQs, where you can access what was mentioned in the Scottish Parliament chamber - Official Report | Scottish Parliament Website

Official statistics can be obtained by visiting www.publichealthscotland.scot/publications.

Please find attached as Annex C the information we are releasing to you.

Ops Note - Exemption 38(1)(b) has been applied. This exemption is not subject to the public interest test. Please find attached at Annex D the information we are releasing to you.

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