Education request for briefings and University enquiries: FOI release

Information requested

1. Full briefings prepared for Jenny Gilruth's committee appearance at Holyrood on January 16 2024 and Shona Robison's committee appearance on January 17 2024.

2. All analysis undertaken by the Scottish Government on how many Scots students are moving away from Scotland to attend university.

3. A full list of meetings accepted and rejected by Graeme Dey in the last three months, including media requests.

4. The briefing prepared for Jenny Gilruth ahead of her appearance on BBC Scotland's Sunday Show on February 25 2024 and confirmation that Ms Gilruth has read the Aberdeen schools violence report mentioned on the show. 

5. All minutes/notes from meetings with the Scottish Funding Council over funded university places from the last six months.

6. All correspondence sent and received with the/that mentions the Scottish Training Federation, all briefings about this organisation and minutes/notes. 

Response

I enclose a copy of most of the information you requested.

The answer to your questions are as follows:

Question 1

I enclose a copy of most of the information you requested in relations to briefings for the Cabinet Secretary for Education and Skills.

Some of the information you have requested is available from https://www.parliament.scot/api/sitecore/CustomMedia/OfficialReport?meetingId=15656. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy. 

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 of exemptions under sections s. 30(b)(i) and s.30 (b)(ii) (free and frank provision of advice; free and frank exchange of views).

In relation to the briefing prepared for the then Deputy First Minister and Cabinet Secretary for Finance, we are unable to provide any of the information you have requested because of exemptions under sections s. 30(b)(i) and s.30 (b)(ii) (free and frank provision of advice; free and frank exchange of views).

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) 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 and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on relationships and behaviour in schools will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive or controversial issue such as relationships and behaviour in schools.

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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 allowing a private space within which officials can provide free and frank advice and views to Ministers in lines to take. It is clearly in the public interest that Ministers can properly robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Question 2

Section 17 – Notice that information is not held.

We do not hold information about how many Scottish students are moving away from Scotland to attend university.

Question 3

The following applies to the request for a full list of meetings rejected by Graeme Dey in the last three months, including media requests

Section 17 – Notice that information is not held

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

The following applies to the request for a full list of meetings accepted by Graeme Dey in the last three months, including media requests. This addresses external meetings for March, April and May.

Section 27(1) – Information intended for future publication

Details of all Ministerial engagements are proactively published by the Scottish Government. This transparency data can be accessed via this weblink:  https://www.gov.scot/collections/ministerialengagements-travel-and-gifts/ 

This is a formal notice that Section 27(1) of FOISA applies to some of the information you have requested. The information requested will be published within 12 weeks of your request and will be available at the link above. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

The following applies to the request for a full list of meetings accepted by Graeme Dey in the last three months, including media requests. This addresses internal meetings for March, April and May. 

Section 29(1)(d) – Operation of any Ministerial Private Office

An exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to some of the information requested because it relates to the operation of any Ministerial private office. 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, to ensure private offices operate efficiently and to inform public debate. However, there is a greater public interest in allowing Ministers a private space to engage with officials working to support on a range of ministerial duties and decisions. This private space also allows for all options to be properly considered, to enable effective operation of private office.

Question 4

4a. 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 an exemption(s) under section(s) 30(b)(i) and (ii) of FOISA applies to that information.

4b. The EIS did not and have not shared the report with the Scottish Government. A copy of the report was obtained from Aberdeen City Council the following Monday and has been read by the Cabinet Secretary as confirmed in Written question and answer: S6W-25848| Scottish Parliament Website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Question 5

There is one document in scope which is the Minutes of a Teams meeting between SFC and Cabinet Secretary for Education and Skills on 29 February 2024. The redacted version is attached.

Question 6

I enclose a copy of most of 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 of exemptions under sections s. 30(b)(i) and s.30 (b)(ii) (free and frank provision of advice; free and frank exchange of views), s. 33 (1) (b) (commercial interests), s. 38(1)(b) (personal information) of FOISA apply to that information.

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 - 202400416163 - Information released Annex 1-9

File type

174 page PDF

File size

2.3 MB