Briefing packs provided to the Cabinet Secretary for Net Zero and Economy on her appointment: FOI release

Information requested

All briefing packs provided to the Cabinet Secretary for Net Zero and Economy on her appointment.

Response

I enclose a copy of some of the information you requested, see relevant Annexes (A - M). While our aim is to provide information where possible, in this instance we are unable to provide some of the information requested because the below exemptions have been applied to the relevant material contained;

Section 28 (1)

Exemptions under sections 28 of FOISA (Relations with the United Kingdom) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK.

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 exemptions. 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, we have deemed there to be a greater public interest in maintaining strong working relations with UKG counterparts.

Section 29 (1) a)

Exemptions under sections 29 of FOISA (Formulation of Scottish Administration Policy) apply to some of the information requested. Section 29 of FOISA exempts information from disclosure if it relates to the formulation or development of government 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 exemptions. 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, we have deemed there to be a greater public interest in maintaining a private space for government officials to work with ministers in developing policy in full and before reaching a settled public position.

Section 30(b)(1)

Exemptions under sections 30(b)(i) of FOISA (free and frank advice) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption
recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position.

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 exemptions. 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, we have deemed there to be a greater public interest in maintaining a private space for Ministers to seek advice and views from officials before reaching a settled public position.

Section 30(C)(1)

Exemptions under sections 30(c)(i) of FOISA (prejudice to the effective conduct of public affairs) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, prejudice the effective conduct of public affairs. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position.

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 exemptions. 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, we have deemed there to be a greater public interest in maintaining a private space for Ministers to seek advice and views from officials and to allow the conduct of public affairs to be carried out appropriately.

Section 33(1)(b)

Exemptions under sections 33(1)(b) of FOISA (commercial interests) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, prejudice substantially the commercial interests of any person or organisation.

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 exemptions. 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 maintaining privacy on issues relating to the commercial interests of commercial or private organisations.

Each of these individual exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding all exemptions. Premature disclosure of this type of information could lead to a reduction in the working relationship between the Scottish and UK administrations; a reduction in the comprehensiveness and frankness of advice and views; the effective conduct of public affairs; or damage to the commercial interests of external or private organisations, in future, which would not be in the public interest.

Section 38(1)(b)

Exemptions under sections 38(1)(b) of FOISA (the personal data of a third party) apply to some of the information requested, because it is personal data of a third party, i.e. 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.

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 202400401558 - Information released - Annex A - M

File type

160 page PDF

File size

2.8 MB