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

Information requested

Original request 202300380852

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 have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

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, anypapers/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.

I have concluded that a different decision should be substituted.

I have concluded that the exemption at section 30(b)(i) (free and frank advice) of FOISA does not apply to any of the information you have requested. Therefore, I am now releasing most of the information originally withheld under that exemption and have attached a copy here.

I have concluded that the exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information released 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 36(1) of FOISA (confidentiality in legal proceedings) applies to a small amount of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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 202300385830 - Information Released - Annex A

File type

2 page PDF

File size

579.2 kB

FOI 202300385830 - Information Released - Annex B

File type

41 page PDF

File size

453.9 kB