Cabinet Secretary for Wellbeing Economy, Net Zero and Energy briefing notes: FOI release

Information requested

You asked for: any introductory briefing notes sent/provided to Màiri McAllan in her capacity as Cabinet Secretary for Wellbeing Economy, Net Zero and Energy on the following topics – Green Industrial Strategy; New Deal for Business; Small Business Unit; Investor Panel Recommendations; Withers Review; STER.

Response

I enclose a copy of some of the information you requested. A separate Annex is attached to this response with the relevant information. While our aim is to provide information whenever possible, in this instance the Scottish Government is unable to provide some of the information requested, as exemptions under sections 17 (information not held), 29(1)(a) (formulation of government policy) and 30(b)(i) (free and frank provision of advice) of FOISA apply to that information. The reasons why these exemptions have been applied are explained below.

Section 17
Exemptions under section 17 of FOISA (Information Not Held) apply to some of the information requested. Section 17 of FOISA exempts information from disclosure if the information requested is not held by the Scottish Government. Some of the requested information is not held by the Scottish Government. This exemption has been used in light of there being no introductory briefing notes provided on the topic of Small Business Unit.

Section 29(1)(a)
Exemptions under section 29 of FOISA (Formulation of Scottish Administration Policy) apply to some of the information requested. Section 29 of FOISA exempts information from disclosure if it relates to the formulation or development of government policy.

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 the public interest in applying the exemptions. 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, we have deemed there to be a greater public interest in maintaining a private space for government officials to work with ministers in developing policy in full and before reaching a settled public position.

Section 30(b)(1)
Exemptions under sections 30(b)(i) of FOISA (free and frank advice) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position.

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 exemptions. 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, we have deemed there to be a greater public interest in maintaining a private space for Ministers to seek advice and views from officials before reaching a settled public position.

As outlined above, each of these individual 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding all exemptions. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of advice and views to ministers and the effective development of Scottish Government policy, 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 202400410939 - Information released - Annex A

File type

10 page PDF

File size

255.9 kB