Mandatory calorie labelling costs: FOI release

Information requested

1. How much money has been spent on the Scottish Government looking into Mandatory calorie labelling for out of home sector over the last five years, with a breakdown of each year and what the money has been spent on?
2. How many consultations has the government published about this topic and similar policies on Mandatory calorie labelling for out of home sector over the last ten years, with a list of these?
3. All briefings prepared for ministers regarding Mandatory calorie labelling for out of home sector between January 2023 and the date of this FOI.

Response

I enclose a copy of all of the information requested for your first and second questions and most of the information requested for the third question.

In respect of your third question, 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 under s.28(1)(relations within the UK), s.29(1)(a)(policy formulation), s.30(b)(i)(full frank provision of advice), s.30(b)(ii)(full frank provision of advice for the purposes of deliberation), s.36(1)(Confidentiality in legal proceedings) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

Whilst our aim is to provide information whenever possible, in this instance some information relating to your third question has been provided in the form of an extract because the remainder of the information in these documents does not fall within the scope of your request. The answer to your first question is £34,449. A breakdown of this figure is detailed in the table below.

Financial Year	Amount (£)	Detail
2018/19 (from 27/11/18)	Nil
2019/20	Nil
2020/21	Nil
2021/22	Nil
2022/23	£34,449	£497 - online publication of the public consultation on Mandatory Calorie Labelling £32,654 - Independent evaluation of the public consultation on Mandatory Calorie Labelling £1,298 - online publication of consultation analysis report
2023/24 (to 27/11/23)	Nil

The answer to your second question is one consultation in the last 10 years.

• Mandatory calorie labelling in the out of home sector in Scotland

With regard to your third question, please find enclosed the following documents.

• In Scope Extract - National Review of Eating Disorder Services - Briefing - Minister for Mental Wellbeing and Social Care - Eating Disorder Awareness Week 2023 Debate - 2 March 2023
• In Scope Extract - National Review of Eating Disorder Services - Briefing - Ministerial Interview about Eating Disorder Data - 28 June 2023
• In Scope Extract - NCD Alliance Scotland Parliamentary Reception – Ministerial Briefing
• In Scope Extract - UK Prevention Research Partnership (UKPRP) - Prevention Research Conference 2023
• In Scope Extracts - Alcohol Producer Stakeholders Roundtable - Consultation on Restricting Alcohol Advertising and Promotion Briefing
• In Scope Extracts - Briefing – Cabinet Secretary - HSC Committee Session – Diet and Healthy Weight
• In scope extracts - Briefing for DCMO – UK DCMO’s Health Improvement Catch-Up – Mon 4 September
• In Scope Extracts - Briefing for Food Standards Scotland (FSS) Board Meeting - 20 September 2023
• In Scope Extracts - Briefing for Meeting With Chief Executives Of Food Standards Scotland (FSS) And Public Health Scotland (PHS)
• In Scope Extracts - Engagement Brief – Ministerial meeting with Obesity action Scotland – 19.9.23
• In Scope Extracts - Minister for Public Health and Women’s Health - Meeting with Scotland Food and Drink (SF&D) Briefing
• In Scope Extracts - Minister for Public Health and Women's Health Meeting with NCD Alliance to Discuss Public Health Priorities Briefing
• In Scope Extracts - Minister for Social Care, Mental Wellbeing and Sport - Introductory Meeting with Beat - UK’s Eating Disorder Charity
• In Scope Extracts - Parliamentary Statement on Diet and Healthy Weight Consultations
• In Scope Extracts - Public Health Stakeholders Roundtable - Consultation on Restricting Alcohol Advertising and Promotion Briefing
• Lines for Ms Todd on Mandatory Calorie Labelling [Redacted] - June 2023
• S6W-16076 - PQ answer and in scope extracts from background note
• Submission on Publication of Promotions and MCL analysis reports - 16 January [Redacted]
• Submission to Cabinet Secretary and Minister for Public Health - Update following the meeting on 6 Feb [Redacted]

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies

Section 36(1) - Confidentiality in legal proceedings
An exemption under s.36(1)(Confidentiality in legal proceedings) of FOISA applies to some of the information you have requested. This exemption covers legally privileged information that Scottish Government have provided to Ministers in relation to mandatory calorie labelling. 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. 

Section 38(1)(b) - personal information
An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption relates to personal information, specifically the names of Scottish Government staff below Senior Civil Service grade and the names of external stakeholders. Disclosing this information 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 applies, subject to the public interest test

Section 28(1) – relations within the UK
An exemption under section s.28(1)(relations within the UK) of FOISA applies to some of the information you have requested. This exemption relates to information that we received in confidence from officials in the Welsh Government regarding mandatory calorie labelling. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the Welsh Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications about mandatory calorie labelling will mean that the Welsh Government are likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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 maintaining good relations between the Scottish Government and the Welsh Government, 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, such as mandatory calorie labelling. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

Section 29(1)(a) – formulation or development of government policy
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some the information requested because it relates to the development of the Scottish Government’s policy on mandatory calorie labelling. 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 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 be affected by their assessment of whether the discussions on mandatory calorie labelling 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.

Section 30(b)(i) – free and frank provision of advice
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. 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 before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on mandatory calorie labelling will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken.

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, as part of the process of exploring and refining the Government’s policy position on mandatory calorie labelling, until the Government as a whole can adopt a policy 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 policy 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 policy making process, which would not be in the public interest.

Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on mandatory calorie labelling will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken.

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 Ministers and officials a private space within which to explore and refine the Government’s policy position on mandatory calorie labelling until the Government as a whole can adopt a policy position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy 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 policy making process, which would not be in the public interest.

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FOI 202300387168 - Information Released - Annex

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70 page PDF

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