Publication - FOI/EIR release

Festivals and cultural funding: FOI release

Published: 5 September 2024
Directorate: Culture and Major Events Directorate
Topic: Arts, culture and sport, Public sector
FOI reference: FOI/202400400844
Date received: 23 February 2024
Date responded: 9 April 2024

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

Information requested

1. All correspondence received and sent by the Scottish Government, including internally, briefing notes, minutes from meetings, about Lammermuir Festival, from July 1 2023 until the date of this FOI.

2. All correspondence received and sent by the Scottish Government, including internally, briefing notes, minutes from meetings, about the five-year culture commitment to from July 1 2023 until the date of this FOI, as evidenced here: https://www.scotsman.com/whats-on/arts-and-entertainment/snp-conference-humza-yousaf-promises-to-boost-scottishgovernment- arts-spending-by-ps100m-within-five-years-4375408

3. All correspondence received and sent by the Scottish Government, including internally, briefing notes, minutes from meetings, about the Big Burns Supper festival in Dumfries from July 1 2023 until the date of this FOI.

4. How much money has the Scottish Government handed to Hogmanay Fringe Festival in the last five years (2019-2024), plus a breakdown of what the money was spent on?

5. Could you supply Angus Robertson's briefing notes from his appearance before a Scot Parl committee on January 18?

Response

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

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested for reasons I have set out in detail below.

Request part 1: Lammermuir Festival

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names, professions 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 requested because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for officials to have a private space within which to exchange views and fully consider issues arising. Disclosing the content of free and frank exchange of views will substantially inhibit the space within which officials are able to freely consider matters arising in future.

Request part 2: Five year culture funding commitment

Some of the information you have requested is already publicly available from:

Cabinet Secretary for Constitution External Affairs and Culture (parliament.scot)

Cabinet Secretary for Constitution External Affairs and Culture ﴾parliament.scot﴿

budget‐24‐cab‐sec‐following‐cttee‐apperance.pdf ﴾parliament.scot﴿

Regular Funding Network 2018-21 | Creative Scotland – funding figures are detailed in the Excel spreadsheet. Please note that although it states 2018-21, these figures are still current.

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 section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for officials to have a private space within which to advise Ministers. Disclosing the content of free and frank advice will substantially inhibit the space within which officials are able to provide free and frank advice to Ministers in future.

An exemption under section 30(b)(ii) of FOISA applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for officials to have a private space within which to exchange views and fully consider issues arising including in their communications with external stakeholders. Disclosing the content of free and frank exchange of views will substantially inhibit the space within which officials are able to freely consider matters arising in future.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation of the Scottish Government’s policy on funding for culture and the development of the Scottish Government’s policy on public spending more generally in the immediate and longer term.

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 where Ministers and officials can consider all available options and engage in rigorous debate in order to fully assess possible implications. Premature release of developing discussions on public spending policy or fear that those discussions will be disclosed in the near future would undermine the development of the policy or otherwise constrain the Government’s view while it is still being formulated.

Request part 3: Big Burns Supper Festival

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. names, professions 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 requested because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for officials to have a private space within which to exchange views and fully consider issues arising including in their communications with external stakeholders. Disclosing the content of free and frank exchange of views will substantially inhibit the space within which officials are able to freely consider matters arising in future.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the companies with whom we engage to promote festivals and major events across Scotland. Disclosing this information could give their competitors a commercial advantage.

Request part 4: Hogmanay Fringe Festival

We are deeming your request to be about Edinburgh’s Hogmanay. Some of the information you requested is already available to you. This is because we have already provided details in 26 September 2023 (under request reference: 202300377832) of:

“How much money has the Scottish Government handed out for New Year's celebrations i.e. like Hogmanay in Edinburgh, in 2020, 2021, 2022, 2023? Breakdown by who received the money and how much was handed out?”

That earlier response included a breakdown of funding from 2019/20 and under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you and do not intend to repeat the information in this subsequent request.

As an update, funding from the Scottish Government to Scotland’s Winter Festivals was suspended due to budgetary pressures from September 2022. However, the Scottish Government continues to fund the EXPO programme (administered and awarded through Creative Scotland, the arm’s length national development agency for the arts). As part of this £30,000 was provided to Edinburgh’s Hogmanay to present a programme of free traditional music events on New Year's Day 2023 in venues around Edinburgh over the 2022/23 Hogmanay season.

In addition Edinburgh’s Hogmanay 2022/23 received £133,332 in funding via the match-funded PLACE programme, (administered and awarded through Creative Scotland) from the Scottish Government together with City of Edinburgh Council to support a range of Scottish artists in the main programme, as well as support for 'Sprogmanay' the children's Hogmanay programme on New Year's Day 2023.

Request part 5: CEEAC Committee 18 January 2024

Some of the information you have requested is already publicly available from:

Constitution Europe External Affairs and Culture Committee report (Page 30 onwards): Official Report (parliament.scot)
Scottish Budget 2024-25 Foreword Scottish Budget: 2024 to 2025 - gov.scot (www.gov.scot)
Scottish Budget 2024-25 Annex A.9 Annex A.9 – Constitution, External Affairs & Culture - Scottish Budget: 2024 to 2025 - gov.scot (www.gov.scot)

An exemption under section 30(b)(ii) of FOISA applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for officials to have a private space within which to exchange views and fully consider issues arising including in their communications with external stakeholders. Disclosing the content of free and frank exchange of views will substantially inhibit the space within which officials are able to freely consider matters arising in future.

The following annexes have been attached separately:

Annex A outlines our response to request part 1, subject to the exemptions under sections 38(1)(b) and 30(b)(ii) as noted above.
Annex B outlines our response to request part 2, subject to the exemptions under section 29(1)(a), sections 30(b)(i) and 30(b) (ii) and section 38(1)(b) as noted above.
Annex C outlines our response to request (3), subject to the exemptions under sections 30(b)(i) and 30(b)(ii), section 33(1)(b) and section 38(1)(b) as noted above.

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.