Deputy First Minister meeting with Fiona Duncan, The Promise Scotland: FOI release

Information requested

Details of the meeting that took place between Deputy First Minister John Swinney and Fiona Duncan, the Promise Scotland, on the 9th June 2021. This should include an agenda, any papers/briefings provided to the DFM to help prepare for the meeting, any papers used and discussed during the meeting and the note/minute taken from the meeting.

Details of the meeting that took place between John Swinney, Deputy FM, and Fiona Duncan, the Promise Scotland, on the 26th October 2021. This should include the agenda, any papers/briefings provided to the DFM to help prepare for the meeting, any papers used and discussed during the meeting and the note/minute taken from the meeting.

Response

I enclose a copy of some of the information you requested in the format you asked for.

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because an exemptions under section 38(1)(b) and section 30(b)(i) of FOISA applies to that information. The reasons why that exemptions applies are explained
below.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names, email addresses and contact details, 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.

An exemption under 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 policy and Ministerial decisions relating to Keeping the Promises will substantially inhibit the provision of such advice in the future, particularly because it was sensitive advice ahead of decisions being made.

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 exchange views and provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s policy position on Keeping the Promise, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. 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 policy and decision making process, which would not be in the public interest.

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 202300380852 - Information Released - Documents

File type

11 page PDF

File size

193.8 kB