Correspondence relating to the 2026 Commonwealth Games: FOI release

Information requested

Can you release all correspondence, briefing notes, papers relating to Scotland hosting the 2026 C0ommonwealth Games? I'm looking for anything from July 1 2023 to present date. [Present date being 19 September 2023]

Response

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

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under section 29(1)(a) (policy formulation), section 30(c) (effective conduct of public affairs), section 32(1)(a) (international relations), section 33(2)(b) (commercial interests and the economy), and section 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

An exemption under section 29(1)(a) of FOISA applies to some the information you have requested. Section 29 exempts information from disclosure if it relates to the formulation or development of government policy.

This exemption is subject to the 'public interest test'. 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 in the interests of open and transparent government. However, this is outweighed by the public interest in maintaining a safe space for officials to have honest discussions about new policy and different policy options, and to assess potential impacts before submitting advice to Ministers for decision. 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.

An exemption under section 30(c) of FOISA applies to a small amount of the information you have requested. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

This exemption is subject to the 'public interest test'. 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 in the interests of open and transparent government. However, this is outweighed by the public interest in stakeholders feeling able to share private and/ or sensitive information with officials and know that their confidence is being maintained, and for officials to be able to discuss the impact of that intelligence. This in turn can help officials provide clear and robust advice to Ministers. 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.

An exemption under section 32(1)(a)(ii) of FOISA applies to a small amount of the information you have requested. Section 32(a)(ii) exempts information from disclosure if disclosure would, or would be likely to, prejudice substantially relations between the UK and any international organisation or international court.

This exemption is subject to the 'public interest test'. 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 in the interests of open and transparent government. However, this is outweighed by the public interest in international stakeholders feeling able to share private and/ or sensitive information with Scottish Government officials and know that their confidence is being maintained, and for officials to be able to discuss the impact of that intelligence. This in turn can help officials provide clear and robust advice to Ministers. 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.

An exemption under section 33(1)(b) of FOISA applies to a small amount of the information you have requested. Information is exempt under section 33(1)(b) if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership, in this case the Scottish Government.

This exemption is subject to the 'public interest test'. 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 and financial interests of the Scottish Government, to ensure that we are always able to obtain the best value for public money. 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.

An exemption under section 38(1)(b) of FOISA applies to some the information you have requested. Information is exempt under section 38(1)(b) if It is personal data of a third party, i.e. the names and contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998. This exemption is not subject to the 'public interest test', therefore we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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 202300376659 - Information Released - Annex A

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PDF

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345.6 kB

FOI 202300376659 - Information Released - Annex B

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PDF

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1.0 MB