Publication - FOI/EIR release

GDP figures, Industrial Injuries Bill, Scottish Budget and Ambassador Berger correspondence: FOI release

Published: 29 August 2024
Directorate: Health and Social Care Finance, Digital and Governance Directorate
Topic: Economy, Health and social care, International, +1 more … Public sector
FOI reference: FOI/202400393765
Date received: 15 January 2024
Date responded: 20 February 2024

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

Information requested

1. All briefings prepared for Ministers, correspondence sent and received by the Scottish Government, including internal, plus notes and minutes, held about August 2023 GDP figures in Scotland, from between October 1 2023 and the date of this FOI.

2. All estimations and analysis done by the Scottish Government about the cost of free prescriptions, including how much they cost the public purse every year since 2019, discussions about how much it would save to introduce charges, and how much they will cost in future years, undertaken between January 1 2023 and the date of this FOI.

3. All briefings prepared for Ministers, correspondence sent and received by the Scottish Government, including internal, plus notes and minutes, about the industrial injuries bill, between September 1 2023 and the date of this FOI.

4. All communication between the UK Government and Scottish Government and internal Scottish Government correspondence regarding the claim made by the Scottish Government on X on December 17:
"Below-inflation funding uplifts in England impact Scotland's budget. In the UK Government's Autumn Statement, only £10.8 million of extra funding was provided for NHS Scotland for the next year, a real-terms cut. This would fund just 5 hours of NHS Scotland activity in a year."

5. All correspondence between the Scottish Government and Miguel Berger, sent and received last year, and minutes and notes from any meetings he held with Scottish Government officials or ministers.

Response

1. I enclose a copy of some of the information you requested in Annex 1.

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 the following sections of FOISA applies to that information:

Section 30(b)(i) (Free and frank provision of advice)
Section 38(1)(b) (Personal Data relating to a third party)

The reasons these exemptions apply is set out below.

2. While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because exemptions under the following sections of FOISA applies to that information:

Section 30(b) (Free and frank provision of advice)
Section 29 (1)(a) (Formulation or development of Scottish Government Policy).
Section 25 (1) (Information otherwise accessible)

The reasons these exemptions apply are set out below.

3. I enclose a copy of some of the information you requested in Annex 2.

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 of FOISA applies to that information:

Section 30(b)(i) (Free and frank provision of advice)
Section 38(1)(b) (Personal data relating to a third party)
Section 29 (1)(a) (Formulation or development of Scottish Government Policy)
Section 25 (1) (Information otherwise accessible)

The reasons these exemptions apply are set out below.

4. I enclose a copy of some of the information you requested in Annex 3(a):

Section 17(1) (Information is not held)
Section 30(b)(i) (Free and frank provision of advice)
Section 30(c) (Substantial prejudice to the effective conduct of public affairs)

The reasons this exemptions apply are set out below.

In addition, a letter was sent by the Permanent Secretary to Mr Murdo Fraser on 21/12/2023 on the accuracy and impartiality of the tweet in question. A copy of the letter is enclosed at Annex 3b.

5. I enclose a copy of some of the information you requested in Annex 4.

There were four invitations sent from the Ambassador to Scottish Government Ministers and/or officials in 2023:

Invitation for the First Minister to attend a private dinner on 25 April at the Ambassador’s Residence
Invitations for Cabinet Secretary Robertson and two officials to attend a breakfast on 15 December

An exemption under section 32(1)(a)(i) (international relations) applies to the engagement reports for Ambassador Berger’s ministerial engagements with the Scottish Government.

The reasons this exemption applies is set out below.

An exemption applies under Section 38(1)(b) - Personal data relating to a third party

An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information requested because 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 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 under Section 29 (1)(a) – Formulation or development of Scottish Government Policy

An exemption under section 29(1)(a) of FOISA (formulation / development or development of government policy) applies to some of the information requested. 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 this 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.

An exemption applies under Section 30(b)(i) - Free and frank provision of advice

An exemption under Section 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to some of the information requested.

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 these exemptions. We recognise that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future.

An exemption applies under Section 25 (1) – Information otherwise accessible

Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where the requester can obtain the information without asking for it under FOISA.

The information you requested that is otherwise accessible can be found here:

An exemption applies under Section 32 (1)(a)(i) – International relations

This exemption allows authorities to withhold information where disclosure would, or would be likely to, prejudice substantially international relations. In this case disclosing information relating to sensitive matters such as economic relations between Scotland and Germany would substantially prejudice relations between the United Kingdom and the German government. The dialogue and exchange of information were entered in to with the Scottish Government on the understanding that it would be treated as being in confidence. 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 exception.

An exemption applies under Section 30(c) – Substantial prejudice to the effective conduct of public affairs

It is essential for officials to be able to communicate often in confidence on a range of issues. This exemption is subject to the ‘public interest test’. We have considered if the public interest in disclosing 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, allowing Ministers and officials a private space within which to consider materials being drafted for public communication.

An exemption applies under Section 17(1) – Information is not held

The tweet was not discussed with UK Government. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

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 202400393765 - Information released - Annex 1 - 4

File type: 90 page PDF
File size: 5.9 MB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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