Publication - FOI/EIR release

Gaelic and Scots Language Bill: FOI release

Published: 15 August 2024
Directorate: Education Reform Directorate
Topic: Education, Public sector
FOI reference: FOI/202300387198
Date received: 27 November 2023
Date responded: 18 December 2023

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

Information requested

In relation to Gaelic and Scots and the Scottish Languages Bill, you asked for the following information:

13) How much money has been spent on the Scottish Government looking into the Gaelic and Scots Language Bill over the last five years, with a breakdown of each year and what the money has been spent on?

14) How many consultations has the government published about this topic and similar policies on the Gaelic and Scots Language Bill o

over the last ten years, with a list of these?

15) All briefings prepared for ministers regarding the Gaelic and Scots Language Bill between January 2023 and the date of this FOI.

Response

I enclose a copy of most of the information you requested in the format you asked for.

The answer to your question 13 is attached as Annex A to this response.

In response to question 14, the answer is one consultation has taken place in respect of the Gaelic and Scots Language Bill. A link to the consultation and analysis is available on the Scottish Government website at the following links -

Ministerial Foreword - Scottish Government Commitments to Gaelic and Scots and a Scottish Languages Bill: consultation - gov.scot (www.gov.scot)

Scottish Languages Bill - Gaelic and Scots commitments: consultation analysis - gov.scot (www.gov.scot).

If you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

With regard to question 15, three documents have found to be within scope, these are as follows -

5 June - Briefing for the Cabinet Secretary for Education and Skills on the Gaelic and Scots Consultation
23 August - Briefing ahead of a Deep Dive discussion with the Cabinet Secretary for Education and Skills on Gaelic and Scots, which included an update on the Scottish Languages Bill
3 October - Briefing produced ahead of the Ministerial Bill Management Meeting for the Cabinet Secretary for Education and Skills and the Minister for Parliamentary Business

These are attached at Annex B, C & D respectively.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested in question 15 because exemption(s) under section(s) s.29(1)(b) (ministerial communications), s.29(1)(a) (formulation or development of government policy), s.38(1)(b) (personal information)], s.36(1) (claim to confidentiality of communications) of FOISA applies to that information.

The reasons why these exemption(s) apply is that the information contained within the ministerial briefings relates to early thinking and policy development relating to the Scottish Languages Bill, including legal competence, as well as communication between Ministers.

Exemptions subject to the public interest test
Section(s) s.29(1)(b) (ministerial communications), s.29(1)(a) (formulation or development of government policy) and s.36(1) (claim to confidentiality of communications) exemptions are 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 exemptions. We recognise that there is some public interest in release because of the Scottish Government's commitment to protecting it's indigenous languages through the development of the Scottish Languages Bill. However, this is outweighed by the public interest in ensuring that Ministers and officials can consider a range of policy options, including confidential legal advice in helping them to reach informed decisions in developing the provisions of the Bill, which on balance merits upholding application of the exemptions.

The Bill was formally introduced in Parliament on 29 November and a copy of the draft Bill and accompanying documents including the explanatory notes and policy memorandum can be found on the Scottish Parliament website, which provides detailed explanation and analysis of the Bill development process and its provisions.

Exemptions not subject to the public interest test
s.38(1)(b) (personal information)] 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 this exemption.

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.