Correspondence regarding the Communities Mental Health and Wellbeing Fund (CMHWF): FOI release

Information requested

All internal email correspondence between Ministers and officials regarding the Communities Mental Health and Wellbeing Fund from 1 October 2023 to 19 March 2024.

Response

I enclose a copy of some of the information you requested at Annex B.

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 under section .38(1)(b) (personal information) and section 30(b)(i) (free and frank provision of advice of FOISA applies to that information).

Some of the information in the attached enclosures is out of scope and where this applies it has been marked as Not in Scope.

The reasons why that exemption(s) applies are explained in the Annex A to this letter.

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION

An exemption applies.

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. the names/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)(i) of FOISA (free and frank provision of advice) 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 provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public position.

Disclosing the content of free and frank briefing material in relation to internal budget processes, considerations and implications of future funding arrangements will substantially inhibit such briefing in the future.

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 allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s policy position.

This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy 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 policy making process, which would not be in the public interest.

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 202400405223 - Information released - Annex B

File type

63 page PDF

File size

510.5 kB