Commonwealth Games Scotland's 2026 feasibility study: FOI release

Information requested

Information around the Commonwealth Games Scotland's 2026 feasibility study - https://www.teamscotland.scot/commonwealth-games-scotland-develops-cost-effective-concept-toreset-games/

Can you release all correspondence with CGS, SportScotland and Glasgow City Council, Glasgow Life about the feasibility study?

Can you release any attachments, documents, briefings relating to the feasibility study?

Can you release any copy of the feasibility study held by SG?

Response

In answer to your first and second question, I enclose a copy of some of the information you requested. I note that the Commonwealth Games Federation are yet to make a decision on which country will be invited to host the 2026 Commonwealth Games and as such any discussions and negotiations are still live in relation to the development of: what would be included in the event; where it would be staged; and any commercial opportunities that may arise. There has also been no request for use of public funds should Scotland be invited to host the event.

In response to your third question, we have taken ‘the feasibility study’ to mean a study about the feasibility of Scotland hosting the Commonwealth Games in 2026 as referenced in the weblink provided. The Scottish Government has not received and does not hold any such document. This is a formal notification under s17 of FOISA that we do not hold the information you requested.

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 sections 38(1)(b) (personal information), 29(1)(a) (formulation of policy), 30(b)(ii) (provision of free and frank exchange of views for the purposes of deliberation) and 33(1)(b) (commercial interests of any person or organisation) of FOISA apply to that information.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie 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.

An exemption under section 29(1)(a) of FOISA (formulation of policy) applies to some of the information requested. This exemption applies because it relates to specific information on live option consideration within the overall proposal where no final decision or agreement has been reached. Releasing this information at this stage of live discussions could unduly influence the final decisions on the scope, format and locations of the event and subsequent formulation of policies that, in turn, could have longer term consequences for existing sport development programmes and policies in Scotland.

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help understand how policies are decided. However, discussions on formulating the policy around this opportunity are live and releasing this information could unduly influence final decisions that may impact on whether and how the event could come to Scotland and longer term implications for the Commonwealth Games and events in Scotland. 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.

An exemption under section 30(b)(ii) (provision of free and frank exchange of views for the purposes of deliberation) applies to some of the information requested. This exemption applies because it relates to information containing views and assumptions that relate to other organisations and are not necessarily factually accurate at this stage. The exchange of views between key individuals and stakeholder organisations is still a live process where no final decisions have been made. Releasing this information could influence the deliberation process and could damage relationships with stakeholders which could impact on decisions relating to Commonwealth Games as well as other future events in Scotland.

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help understand how policies are decided. However, this information is in relation to on-going live discussions and no final decisions have been made. Release of this information at this time could unduly influence decisions and the sensitivity of the information may impact on relationships with national and international organisations. 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.

An exemption under section 33(1)(b) (commercial interests of any person or organisation) applies to some of the information requested. This exemption applies because disclosure of this particular information is commercially sensitive and may substantially prejudice any subsequent contracts and invites to a competitive market to tender, should Scotland be invited to host the event. No public sector financial support has been requested at this time and therefore there is no impact on the public purse.

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is currently no request for public money to be provided at this point. The disclosure of commercial information in this instance would substantially prejudice any fair and open competition for future tenders. 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.

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 202400409107 - Information released - Attachments 1 & 2

File type

PDF

File size

2.8 MB