Publication - FOI/EIR release

Communications regarding swimming pool funding: FOI release

Published: 3 September 2024
Directorate: Population Health Directorate
Topic: Health and social care, Public sector
FOI reference: FOI/202400392947
Date received: 10 January 2024
Date responded: 29 February 2024

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

Information requested

1. All briefing notes prepared for ministers and internal communications between Officials and Ministers, held about the £6m of swimming pool funding received by the Scottish Government, between March 15 2023 and November 31 2021 and the date of this FOI, as mentioned here: https://www.scottishdailyexpress.co.uk/news/politics/snp-politicians-make-three-misleading-31055789

Response

I enclose a copy of most of the information you requested.

Some of the information you have requested is available from Meetings between the Minister for Social Care, Mental Wellbeing and Sport and SportScotland relating to swimming pools: FOI release - gov.scot (www.gov.scot) . Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, 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.

An exemption under sections S.38(1)(b) Personal Information of FOISA applies to some of the information you have requested. This exemption prevents us releasing the personal information of officials who are below the rank of Senior Civil Servant. 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 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. 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 legislation 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.

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.