Scottish Budget, Former First Minister's Cabinet reshuffle and trip to Qatar: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
1. All correspondence between the Scottish Government and the Institute for Fiscal Studies about the budget, including internal correspondence, notes, briefings and minutes from any meetings, between December 1 2023 and the date of this FOI.
2. All correspondence received and sent by the Scottish Government, including internal correspondence, notes, briefings and minutes from any meetings, about the resignation of Elena Whitham, from between February 1 2024 and the date of this FOI.
3. All correspondence received and sent by the Scottish Government, including internal correspondence, notes, briefings and minutes from any meetings, about Humza Yousaf's mini reshuffle, from between February 1 2024 and the date of this FOI.
4. All correspondence received and sent by the Scottish Government, including internal correspondence, notes, briefings and minutes from any meetings, about Humza Yousaf's trip to Qatar from February 9 onwards, between January 1 2024 and the date of this FOI.
-How much money was spent on this trip?
Response
I enclose a copy of some of the information you requested. It is grouped in order of the four questions you asked. I apologise for not meeting the statutory deadline for issuing a response. Due to the considerable volume of information within scope of your request it took longer to process.
Section 25: Information otherwise accessible
Some of the information you have requested is available from the Scottish Government website. The resignation letter from Elena Whitham MSP and the response from the First Minister are available at: https://www.gov.scot/publications/drugs-alcohol-policy-minister-resignation-letters/.
The statement on Minimum Unit Pricing given by the Deputy First Minister on 8 February 2024, which referenced Ms Whitham’s resignation, is available on the Scottish Parliament website at:
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.
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 29(1)(d) – Ministerial private office
Some information relevant to your third question has been withheld as an exemption under section 29(1)(d) of FOISA applies to that information. Information is exempt under section 29(1)(d) if it relates to the operation of any Ministerial private office (i.e. any part of the Scottish Administration which provides personal administrative support to a Minister). In this case, the impact of the Ministerial reshuffle on staffing arrangements in particular private offices is in scope of your request.
This exemption is subject to the ‘public interest test’. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I recognise that there is a public interest in disclosing information about administrative structures as part of an open, transparent and accountable government. I have also considered whether there is a greater public interest in maintaining a private space for discussion of alterations to staffing arrangements in small Ministerial private office teams. Releasing information we hold about these matters could impact negatively on individual members of staff and disrupt team performance. On balance I have concluded that the public interest lies in favour of upholding application of the exemption.
Section 30: Prejudice to effective conduct of public affairs
Some information has been withheld as an exemption under section 30(b) of FOISA applies to that information.
Section 30(b)(i)– free and frank provision of advice
Information is exempt under section 30(b)(i) if disclosure would, or would be likely to, inhibit substantially: (i) the free and frank provision of advice
The information withheld from the response to questions one, two and three, includes correspondence between officials which constitutes sensitive advice to Ministers. To release such information would be likely to substantially inhibit the ability of officials to freely formulate such advice for Ministers about complex and sensitive matters in the future leading to delays and less well informed decision making.
This exemption is subject to the ‘public interest test’. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I recognise that there is a public interest in disclosing information about engagement with outside organisations and decision making by Ministers as part of an open, transparent and accountable government, and to inform public debate. I have also considered whether there is a greater public interest in maintaining a private space for officials and Special Advisers to develop and provide free and frank advice to Ministers on sensitive matters prior to public comment. I have found that, on balance, in this case the public interest lies in favour of upholding application of the exemption.
Section 30(b)(ii)– free and frank exchange of views
Information is exempt under section 30(b)(ii) if disclosure would, or would be likely to, inhibit substantially:
(ii) the free and frank exchange of views for the purposes of deliberation.
The information withheld from the response to questions one, two and three, includes correspondence between officials which constitutes an exchange of views for the purposes of deliberation. To release such information would be likely to substantially inhibit the ability of officials to freely exchange views between themselves, Special Advisers and with Ministers about complex and sensitive matters in the future leading to delays and less well informed decision making.
This exemption is subject to the ‘public interest test’. Taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I recognise that there is a public interest in disclosing information about decision making as part of an open, transparent and accountable government, and to inform public debate. I have also considered whether there is a greater public interest in maintaining a private space for officials to exchange views freely between themselves, Special Advisers, and with Ministers on sensitive matters prior to public comment. I have found that, on balance, in this case the public interest lies in favour of upholding application of the exemption.
Section 38(1)(b) – Personal data
Some information has been withheld as an exemption under section 38(1)(b) (personal data) of FOISA applies to that information. This is because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the UK GDPR (or 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.
Section 39(1) Health and safety
Some information relevant to your third and fourth questions has been withheld as an exemption under section 39(1) (health and safety) of FOISA applies to that information.
The exemption at section 39(1) applies to some information within scope of your third question. I have concluded that the exemption at section 39(1) is applicable as release of the information sought would, or would be likely to, endanger the physical or mental health or safety of an individual, in this case Scottish Ministers and their staff.
I have concluded that the exemption at section 39(1) is also applicable to the fourth question in your request as release of the information sought would, or would be likely to, endanger the physical or mental health or safety of an individual. The Scottish Government does not comment on the First Minister’s security arrangements. Not only would the safety of the First Minister be endangered, but also anyone travelling with him and, potentially, members of the public in close proximity.
The public interest test set out at section 2(1)(b) of FOISA is applicable to the above exemption. I have therefore assessed whether, in all the circumstances of the case, the public interest in disclosing the information is not outweighed by that in maintaining the exemption.
As stated in the Commissioner’s exemption briefing on section 39, “the public interest does not mean what is of interest to the public, but what is in the interest of the public”.
The Scottish Ministerial Code states that, “Ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their public duties and their private interests, financial or otherwise”. It is in the interest of the public to know that there is economic, efficient and effective use of public resources. However, I can confirm that the trip you asked about in your fourth question was taken in a private capacity. All personal expenses, including the airfare and hotel costs, were paid for by the First Minister.
It is not in the public interest to endanger the physical or mental health or safety of the First Minister, others travelling with him and members of the public in proximity to him by disclosing details of his travel arrangements. It is my considered view that this risk significantly outweighs the public interest in disclosure of the limited information we hold.
Similarly, I have determined that it is not in the public interest to endanger the physical or mental health or safety of other Scottish Ministers and their staff by disclosing details of their office arrangements, which could facilitate planning of an attack on them.
Section 41(a) – communications with the King, etc.
Some information relevant to your third question has been withheld as an exemption under section 41(a) of FOISA applies to that information.
Section 41(a) of FOISA allows public authorities to refuse to disclose information if it relates to communications with the King, the Royal Family or the Royal Household. The exemption applies to information which records direct communications with the King, the Royal Family or the Royal Household, and information relating to those communications.
The public interest test set out at section 2(1)(b) of FOISA is applicable to the above exemption. I have therefore assessed whether, in all the circumstances of the case, the public interest in disclosing the information is not outweighed by that in maintaining the exemption. The Commissioner’s briefing on application of the public interest test describes it as “something which is of serious concern and benefit to the public”. Communications between the Scottish Government and the Royal Household in connection with the appointment of Ministers and Junior Scottish Ministers is governed by sections 47 and 49 of the Scotland Act 1998 respectively. There may therefore be a degree of public interest in the process leading to appointment. However, the release of such communications could seriously inhibit future exchange of information and undermine relations between the Royal Household and the Government. It is my considered view that this risk significantly outweighs the public interest in disclosure of the limited information we hold.
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Contact
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Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
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