Timetabling of the consultation on Employment Injuries Assistance: FOI release

Information requested

“Under FOISA, I am looking for internal communications dated since 1 September 2023, including messages and briefings notes to managers and Ministers, relating to the timetabling of the consultation on Employment Injuries Assistance”.

Response

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

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested.

This exemption applies to 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 under section 30(b)(ii) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This recognises the need for officials to have a private space in which to conduct frank discussion. This private and safe thinking space is essential to enable all options to be properly considered based on the best available advice so that good 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 decision making process, which would not be in the public interest.

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, transparent and accountable government. However, this is outweighed by the public interest in allowing a private and safe thinking space within which officials can conduct frank discussion.

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 202400395478 - Information Released - Annex

File type

21 page PDF

File size

354.7 kB