Former Minister for Community Wealth and Public Finance's meetings with Accountant in Bankruptcy Staff: FOI release

Information requested

1. Copies of all written communications, including emails and electronic messages, and minutes of meetings between the Accountant in Bankruptcy Staff, Scottish Government and Scottish Parliament staff and the Minister for Community Wealth and Public Finance, Tom Arthur MSP and any other external stakeholders, including academics, in relation to the following amendments in the attached Marshelled list of Amendments for the Bankruptcy and Diligence (Scotland) Bill 2023 at Stage 2.

• Number 12 by Colin Smyth MSP
• Number 14 by Tom Arthur MSP
• Number 25 by Colin Smyth MSP

2. In relation to Amendment Number 14, I also request copies of all written communications in relation to the preparation and drafting of this Amendment and copies of any meetings with any Scottish Government staff and other stakeholders.

Response

I enclose a copy of some of the information you requested at Annexes A, B, C and D.

The following exemptions apply to some of the information you have requested:

Section 29(1)(a) – formulation or development of government policy

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 and development of the Scottish Government’s policy on the Bankruptcy and Diligence (Scotland) Bill.

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, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the Bill will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 36(1) - confidentiality in legal proceedings

This applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Section(s) 38(1)(b) - third party information

This applies to some of the information requested because it is personal data of a third party ie 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.

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FOI 202400405634 - Information released - Annex A - D

File type

17 page PDF

File size

616.0 kB