Correspondence on Commonwealth Games and European Football Championships hosting: FOI release

Information requested

1. All briefings prepared for ministers and all correspondence sent and received by the Scottish Government, including internal correspondence, regarding Scotland hosting the Commonwealth Games in 2026 between September 19 2023 and date of this FOI.

2. All estimates prepared for the cost of holding the Commonwealth Games 2026.

3. All briefings prepared for ministers/Humza Yousaf and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding Humza Yousaf's appearance at the Scotland vs England game at Wembley, between March 1 2023 and the date of this FOI.

4. All briefings prepared for ministers, and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding the Israel and Palestine conflict, between October 1 2023 and the date of this FOI.

5. All briefings prepared for ministers, and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding Scotland being co-hosts of Euro 2028, between January 1 2023 and the date of this FOI.

Response

Our aim is to provide information whenever possible, to assist in doing so I would like to deal with each of these FOI’s individually.

1. All briefings prepared for ministers and all correspondence sent and received by the Scottish Government, including internal correspondence, regarding Scotland hosting the Commonwealth Games in 2026 between September 19 2023 and date of this FOI.

I am providing separately 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 the information you have requested because exemptions under section S38(1)(b) (personal information), section 29(1)(a) (policy formulation), section 30(b)(i) (free and frank exchange of views for the purposes of deliberation) and section 33(1)(b) (disclosure would, or would be likely to, prejudice substantially the commercial interests of any person or organisation).

The reasons why these exemptions apply are explained below.

An exemption under section 38(1)(b) of FOISA applies to some the information you have requested. Information is exempt under section 38(1)(b) if 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 Schedule 1 of the Data Protection Act 1998.

This exemption is not subject to the 'public interest test', therefore 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 29(1)(a) of FOISA applies to some the information you have requested. Section 29 exempts information from disclosure if it relates to the formulation or development of government policy.

This exemption is subject to the 'public interest test'. 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 interests of open and transparent government. However, this is outweighed by the public interest in maintaining a safe space for officials to have honest discussions about new policy and different policy options, and to assess potential impacts before submitting advice to Ministers for decision. 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.

An exemption under section 30(b)(i) (applies to some the information you have requested. This exemption provide for a “safe space” in which organisations, businesses and other stakeholders can write honestly and frankly to the Scottish Government on any issue they are dealing with, without any fear that the correspondence will later be released into the public domain.

This exemption is subject to the 'public interest test'. 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 on the Commonwealth Games in 2026. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice and views, as part of the process of exploring and refining the Scottish Government’s and third party’s decision making process on such issues until a position that is sound and likely to be effective is adopted. 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. Disclosure is likely to undermine the full and frank discussion of issues between Scottish Government officials and third party representatives, which in turn will undermine the quality of the decision-making process, which would not be in the public interest. There is also a greater public interest in maintaining close working relationships between the Scottish Government and the UK Government, Welsh Government and Northern Ireland Executive, and in
protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, including in relation to mega-events.

An exemption under section 33(1)(b) of FOISA applies to a small amount of the information you have requested. Information is exempt under section 33(1)(b) if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership, in this case the Scottish Government.

This exemption is subject to the 'public interest test'. 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial and financial interests of the Scottish Government, to ensure that we are always able to obtain the best value for public money in relation to mega events. 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.

2. All estimates prepared for the cost of holding the Commonwealth Games 2026.

One estimate prepared for the cost of holding the Commonwealth Games in 2026 has been found during our searches for information within scope of this request. This is part of Document 4 and has been redacted under Section 33(1)(b) (disclosure would, or would be likely to, prejudice substantially the commercial interests of any person or organisation).

This exemption is subject to the 'public interest test'. 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial and financial interests of the Scottish Government, to ensure that we are always able to obtain the best value for public money in relation to mega events. 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.

3. All briefings prepared for ministers/Humza Yousaf and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding Humza Yousaf's appearance at the Scotland vs England game at Wembley, between March 1 2023 and the date of this FOI.

You requested, all briefings prepared for ministers/Humza Yousaf and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding Humza Yousaf's appearance at the Scotland vs England game at Wembley, between March 1 2023 and the date of this FOI. We have interpreted this request to mean the Scotland v England match which took place at Hampden on 12 September 2023.

Attached are copies of the information which you have requested. Exemptions under sections 29(1)(a)– formulation of government policy, section 33(1)(b) – commercial interest and section 38(1)(b) Personal Information. These exemptions prevent us releasing information which allows free and frank discussions to form policy, prejudice substantially the commercial interests of the company and the Scottish Government as an interested party and the personal information of officials who are below the rank of Senior Civil Servant.

An exemption under section 38(1)(b) of FOISA applies to some the information you have requested. Information is exempt under section 38(1)(b) if 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 Schedule 1 of the Data Protection Act 1998.

This exemption is not subject to the 'public interest test', therefore 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 29(1)(a) of FOISA applies to some the information you have requested. Section 29 exempts information from disclosure if it relates to the formulation or development of government policy.

This exemption is subject to the 'public interest test'. 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 interests of open and transparent government. However, this is outweighed by the public interest in maintaining a safe space for officials to have honest discussions about new policy and different policy options, and to assess potential impacts before submitting advice to Ministers for decision. 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.

An exemption under section 33(1)(b) of FOISA applies to a small amount of the information you have requested. Information is exempt under section 33(1)(b) if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership, in this case the Scottish Government.

This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of event partners and UEFA. This information relates to the UEFA EURO 2028 bid phase and all aspects of bidding procedure must be treated as confidential under UEFA bid regulations.

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 about the details of the UK and Ireland joint EURO 2028 bid as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of partners which are part of Scottish Government bids for major and mega events, to ensure that we are always able to obtain the best value for public money and to help ensure the best chance of success in mega event bids.

4. All briefings prepared for ministers, and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding the Israel and Palestine conflict, between October 1 2023 and the date of this FOI.

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The reason for this is that in order to locate and retrieve that information, we would need to conduct a search of all records held by the Scottish Government. It may help if I explain that we file our information according to the subject matter, not by reference to the names of individuals and organisations with whom we have corresponded. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter or restrict the timescale of the information you are interested in, as this would allow us to limit the searches that would require to be conducted. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

5. All briefings prepared for ministers, and all correspondence received and sent by the Scottish Government, including internal correspondence, regarding Scotland being co-hosts of Euro 2028, between January 1 2023 and the date of this FOI.

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter or restrict the timescale of the information you are interested in, as this would allow us to limit the searches that would require to be conducted. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

However, it may also be helpful to note that partners in the UK and Ireland must treat all aspects of the bidding procedure as confidential in line with UEFA bidding regulations.

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 202300382806 - Information Released - Annex

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