UK Parliament’s Scottish Affairs Committee: FOI release

Information requested

All correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) relating to the Minister for Transport’s invitation to give evidence to the UK Parliament’s Scottish Affairs Committee on Monday 11 September 2023. Please provide this information between the dates 1 August 2023 and 21 September 2023. 

All correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) relating to the Cabinet Secretary for Rural Affairs, Land Reform and Islands’ invitation to give evidence to the UK Parliament’s Scottish Affairs Committee on Monday 11 September 2023. Please provide this information between the dates 1 August 2023 and 21 September 2023.

The Ministerial Diary of the Cabinet Secretary for Rural Affairs, Land Reform and Islands on Monday 11 September 2023, and the minutes of any meetings that took place during this time, the attendees of said meetings and any actions taken as a result of these meetings. 

The Ministerial Diary of the Minister for Transport on Monday 11 September 2023, and the minutes of any meetings that took place during this time, the attendees of said meetings and any actions taken as a result of these meetings.

Following an initial review of your request, the case worker at the time wrote to you to request further clarification in order to narrow the scope of your request. Your response dated 13th October 2023 confirmed that you wished to hone the scope of your request to "all correspondence in relation to purely the “invitation” decision/aspect itself of the Cabinet Secretary for Rural Affairs, Land Reform and Islands’ invitation to give evidence to the UK Parliament’s Scottish Affairs Committee on Monday 11 September 2023 (and between the dates 1 August 2023 and 21 September 2023)".

Response

It is with the above clarification in mind, that I am now able to provide you with a response to each of your questions in turn.

1. All correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) relating to the Minister for Transport’s invitation to give evidence to the UK Parliament’s Scottish Affairs Committee on Monday 11 September 2023. Please provide this information between the dates 1 August 2023 and 21 September 2023.

1.1 While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested pursuant to Section 17(1) (information not held) of FOISA. The UK Parliament's Scottish Affairs Committee (SAC) wrote to Scottish Ministers to invite one of their number to give evidence to their inquiry into the impact of the cost-of-living crisis on rural communities. For that reason, the request was triaged by policy officials and put to the Cabinet Secretary for Rural Affairs, Land Reform and Islands, on the understanding that the focus of the committee’s inquiry would be on reserved matters within its locus.

1.2 I am however enclosing an email exchange between the Cabinet Secretary’s Private Office and Clerks to the Scottish Affairs Committee at Annex A. An exemption pursuant to Section 38 (1) (b)
(personal information) of FOISA has been applied to this document. I believe this exchange is within the scope of your request but cannot be provided directly in response to your specific request outlined in point 1 and responded to in point 1.1, above.

2. All correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) relating to the Cabinet Secretary for Rural Affairs, Land Reform and Islands’ invitation to give evidence to the UK Parliament’s Scottish Affairs Committee on Monday 11 September 2023. Please provide this information between the dates 1 August 2023 and 21 September 2023. 

2.1 I enclose some of the requested information in Annex B. An exemption pursuant to Section 38 (1) (b) (personal information) of FOISA has however been applied to this document.

2.2 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 pursuant to Section 29(1)(d) (operation of Ministerial Private Office) of FOISA applies to that information.

3. The Ministerial Diary of the Cabinet Secretary for Rural Affairs, Land Reform and Islands on Monday 11 September 2023, and the minutes of any meetings that took place during this time, the attendees of said meetings and any actions taken as a result of these meetings.

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:

3.1 Some information is subject to future release and is therefore exempt for release pursuant to Section 27(1) of FOISA. You may find it helpful to note that ministerial engagements are published on a regular basis and can be found on the Scottish Government website: Ministerial engagements, travel and gifts - gov.scot (www.gov.scot).

3.2 An exemption pursuant to Section 30(b)(i) (free and frank provision of advice) of FOISA applies to some of 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 before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on briefing and draft documents will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive issues. 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, as part of the process of exploring and refining the Government’s position on Cabinet decisions, Bute House Agreement and the policy prospectus. 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.

4. The Ministerial Diary of the Minister for Transport on Monday 11 September 2023, and the minutes of any meetings that took place during this time, the attendees of said meetings and any actions taken as a result of these meetings.

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:

4.1 Some information is subject to future release and is therefore exempt for release pursuant to Section 27(1) of FOISA. You may find it helpful to note that ministerial engagements are published on a regular basis and can be found on the Scottish Government website: Ministerial engagements, travel and gifts - gov.scot (www.gov.scot)

4.2 Some information you have requested is exempted under Section 30 (b)(i) (free and frank provision of advice) of FOISA.

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 - 202300377285 - Information Released - Annex A

File type

3 page PDF

File size

176.2 kB

FOI - 202300377285 - Information Released - Annex B

File type

3 page PDF

File size

154.9 kB