Analysis on scrapping of the two-child cap: FOI release

Information requested

I refer to FOI 202300379478 on the scrapping of the two-child cap.

I would like to see any discussion or analysis relating to the drafts and final reply to this FOI.

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 of the information you have requested because exemptions of FOISA applies to that information:

• Section 30(b)(i) - Free and frank provision of advice
• Section 38(1)(b) - Personal data relating to a third party

The reasons these exemptions apply are set out below.

An exemption applies under Section 30(b)(i) - Free and frank provision of advice
An exemption under Section 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to some of the information requested. 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 these exemptions. We recognised that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future. We recognise that there is a public interest in disclosing this information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew's House, Regent Road, Edinburgh EH1 3DG www.gov.scot be affected by their assessment of whether discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

An exemption applies under Section 38(1)(b) - Personal data relating to a third party
An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information requested because 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 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.

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Annex

File type

17 page PDF

File size

328.2 kB