Introductory briefing packs provided to the Deputy First Minister and Cabinet Secretary for the Economy: FOI release

Information requested

All introductory briefing packs provided to the Deputy First Minister and Cabinet Secretary for the Economy.

Response

I enclose a copy of some of the information you requested - see attached Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested, as exemption(s) under the below section(s) of FOISA apply to that information. The reasons why these exemptions have been applied are explained below.

Section 28 (1)

Exemptions under sections 28 of FOISA (Relations with the United Kingdom) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK.

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 strong working relations with UKG counterparts.

Section 29 (1) a)

Exemptions under sections 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 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 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.

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 - 202400413325 - Information released - Annex A

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