Scottish Government and Visit Scotland meeting minutes: FOI release

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


Information requested

"All minutes of any meetings held between the Scottish Government - this includes Ministers and Civil Servants/Officials - and Visit Scotland. For a time frame I am interested in all of the above over the last six months."

Response

I enclose a copy of the information you requested.

Exemptions under the following sections of FOISA applies to some of the information you have requested:

s30(b)(i) - Substantial inhibition to free and frank provision of advice

s30(b)(ii) - Substantial inhibition to free and frank exchange of views

These 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 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 because showing properly functioning Cabinet processes are generally recognised to be of public interest. However, this is outweighed by the public interest as paragraph 2.1 of the Scottish Ministerial Code provides that “the privacy of opinions expressed and advice offered within the Government should be maintained” at all times.

s33(1)(b) - Substantial prejudice to commercial interests

s33(2)(b) - Substantial prejudice to the financial interests of a UK administration

These 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 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 because it involves the expenditure of public funds. However, this is outweighed by the public interest as releasing this information would, or would be likely to, prejudice substantially the commercial interests of a public body – specifically creating a disadvantage in future tendering exercises and other procurement.

s36(2) - Actionable breach of confidence

s38(1)(b) - Personal data of a third party

Theses exemptions are 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.

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

Back to top