Publication - FOI/EIR release

Food Standards Scotland - Health & Social Care Standards Committee Appearance: FOI release

Published: 3 September 2024
Directorate: Population Health Directorate
Topic: Health and social care, Public sector
FOI reference: FOI/202400413659
Date received: 14 May 2024
Date responded: 12 June 2024

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

Information requested

1. All correspondence, including any documentation sent, between the Scottish Government and Food Standards Scotland relating to FSS’ appearance before the Scottish Parliament’s Health & Social Care Committee on the 7th May 2024.

2. All documentation held relating to Food Standards Scotland’s appearance before the Scottish Parliament’s Health & Social Care Committee on the 7th May 2024.

3. All internal Scottish Government correspondence relating to Food Standards Scotland’s appearance before the Scottish Parliament’s Health & Social Care Committee on the 7th May 2024.

4. The list of people, by job title, in or in the employ of the Scottish Government who were given access to Food Standards Scotland’s opening speech for their appearance before the Scottish Parliament’s Health & Social Care Committee on the 7th May 2024.

5. All directives/orders/instructions issued to Food Standards Scotland between January 1st 2023 and present date. If these directives overrode instruction, please provide a brief explanation.

Response

Question 1: 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 s.29(1)(a) (formulation of policy), s.30(c) (prejudice to effective conduct of public affairs) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

Please find enclosed the following document:

Email from Food Standards Scotland to Jenni Minto’s Private Office confirming their attendance at the Health, Social Care and Sport Committee - May 2024

Question 2: While our aim is to provide information whenever possible, in this instance the Scottish Government does not have any of the information you have requested. However, you may wish to contact Geoff Ogle at Food Standards Scotland at geoff.ogle@fss.scot who may be able to help you. The reasons why we don’t have the information are explained in the Annex to this letter.

Question 3: While our aim is to provide information whenever possible, in this instance we are unable to provide a small amount of the information you have requested because an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained in the Annex to this letter.

Please find enclosed the following documents:

Email chain between Scottish Government staff regarding Food Standards Scotland’s attendance at the Health, Social Care and Sport Committee - May 2024
Email chain between Diet Policy Team and Good Food Nation Team regarding Food Standards Scotland’s attendance at the Health, Social Care and Sport Committee - May 2024

Question 4: The answer to your fourth question is no employees of the Scottish Government were given access to Food Standards Scotland’s opening speech prior to their attendance at the Health, Social Care and Sport Committee on 7 May 2024.

Question 5: We have attempted to clarify this question with you by email on the 16 and 23 May. I am afraid we cannot answer this question until we receive further information from you.

Annex

An exemption applies, subject to the public interest test.

In respect of your first question, 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 Right to Food. Food Standards Scotland requested an update from Scottish Government on this policy in advance of their committee appearance.

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 Right to Food 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.

Also, in respect of your first question, an exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to conduct policy development with officials being free to exchange their views on policies. Ministers have not yet taken final decisions on the policies referenced in the email. Releasing officials’ views on the policy before Ministers make final decisions would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

An exemption applies

In respect of your first and third questions, an exemption under section s.38(1)(b) (personal information) of FOISA applies to a small amount of the information you have requested. Information containing names and contact details of junior officials has been redacted. Disclosing this information 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.

The Scottish Government does not have the information

In respect of your second question, the Scottish Government does not have the information you have asked for. Food Standards Scotland did not share any documentation with the Scottish Government in relation to their attendance at the Scottish Parliament’s Health, Social Care and Sport Committee on 7 May 2024.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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.