Spring Budget communications campaign: FOI release

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


Information requested

You recently engaged in a communications campaign, e.g. https://x.com/scotgov/status/1766116922909692407 

The text reads:

“The UK Spring Budget has failed to deliver the funding Scotland needs for public services. National Insurance cuts in the Spring Budget and Autumn Statement have cost £20 billion. This means Scotland will not see up to £1.6 billion of potential additional funding.”

Please provide me with:

a) Any advice to Scottish Ministers proposing this communications campaigns and their response. Please also include any comments by special advisers.

b) Either i) written confirmation that your Permanent Secretary was content this campaign, and the above text from a Scottish Government account, was compliant with the legal responsibilities officials have under the Civil Service Code to impartiality; or ii) confirmation this clearance was considered and discounted; or )iii confirmation that it was not considered to be needed.

c) Email chains or documents where the campaign text was i) proposed and ii) finalised.

Response

In answer to your questions a and c, please find attached in annex 1, all correspondence relating to the post. 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. The reasons why exemptions apply are explained below.

In relation to question b, this information is not held. Please see below for an explanation of this exemption. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold some of the information you have requested. The reasons why we don't have the information are explained below.

Section 38(1)(b) - Personal Information
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, eg names/contact details of individuals below the Senior Civil Service, 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.

Section 30(c) – Substantial prejudice to the effective conduct of public affairs
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. 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.

Out of scope
Parts of the correspondence have been redacted where they relate to discussions that are out of scope of the request. Correspondence of this nature regularly covers a range of topics or wider package of communications products. Where correspondence did not relate to the subject of this request, we have removed it.

In all cases, we have identified where exempt content has been removed as [REDACTED]

Section 17 – Information Not Held
In relation to question b, section 17 information not held exemption applies here. This is formal notice that the information you have requested is not held. It might be helpful to know that not all communications products are cleared by the Permanent Secretary. The usual process is that content is drafted and agreed with lead policy officials and then shared with special advisers for views before clearing with the lead minister. The clearance chain is attached as part of annex 1.

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 202400403341 - Information released - Annex 1

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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