Proposals for the Regulation of Tobacco and Vaping: FOI release

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


Information requested

All correspondence including letters, emails to and from Scottish ministers and UK ministers regarding proposals for the regulation of tobacco and vaping from 1st June 2023 to date.

Response

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

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(s) s.38(1)(b) (personal information) and s.30(b)(ii) (free and frank exchange of views) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption(s) under section 38.1(b) of FOISA applies to some of the information you have requested. This is because some of the information in the emails provided relates to the personal data of a third party.

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(s) under section 30(b)(ii) of FOISA applies to some of the information you have requested. This is because some of the information relates to the free and frank exchange of views during policy development.

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 in the interest of open and transparent government. However, this is outweighed by the public interest in upholding the exemption, as the topics were discussed at preliminary stages of consideration when private space to discuss is essential.

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 202300382337 - Information Released - Documents 1-13

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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