Sale of NatureScot’s premises at Battleby: FOI release

Information requested

1. All correspondence between NatureScot and the Scottish Government relating to the decision to put Battleby House and grounds on the market.

2. All information provided to the Scottish Government by NatureScot to demonstrate to Ministers that full consideration has been given as to how the natural and historic importance of Battleby House and grounds can be protected for the future in the event of a sale.

3. All information provided to the Scottish Government regarding the full range of options for the future of Battleby that were considered before the decision to sell was made.

4. All information provided to the Scottish Government by NatureScot to demonstrate that the staff of NatureScot and the other organisations who are based at Battleby were meaningfully consulted before the decision was taken.

5. All information provided to the Scottish Government by NatureScot to demonstrate that there was a meaningful public consultation about the proposed sale before the decision was taken, and that information about the option of a public asset transfer was made available as part of that consultation.

For ease of reference, I numbered your requests.

Response

I enclose a copy of the information you requested

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you requested. This is because the Scottish Government is not the owner of the asset, Battleby House and therefore NatureScot as owners may hold some of the information in relation to Q4 and Q5. You may wish to contact NatureScot at foi@naturescot.org who may be able to help you.

While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption(s) under section 38(1)(b) - Personal Information - of FOISA applies to that information. This applies to some of the correspondence requested because it is personal data of a third party, i.e. named individuals, 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.

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(s) under section 30(b) -Prejudice to effective conduct of public affairs - of FOISA applies to that information. 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 and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on governance matters relating to the sale of Battleby House and the possible actions of third parties will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to sensitive handling of Ministerial responsibilities and information provided by third parties which is not in the public domain.

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 and other officials, as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a position 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 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 decision making process, which would not be in the public interest.

While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption(s) under section 33(1)(b) - Commercial interests and the economy of FOISA applies to that information. 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, premature disclosure of its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority).

Where these exemptions were applied partially to the information being released you will note redactions within the documents at the relevant sections deemed not for disclosure i.e. exempt information as outlined above.

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 202300380868 - Information released - Annex

File type

96 page PDF

File size

5.5 MB