Scotland's first ever bond and business rates relief correspondence: FOI release

Information requested

1. All correspondence sent and received by the Scottish Government, including internally, all briefings, notes/minutes from meetings and analysis conducted about handing business rates relief to hospitality, leisure and retail premises, between March 1 2024 and the date of this FOI.

2. Can you supply all progress made so far in Humza Yousaf's claim that he would issue Scotland's first ever bond, made at the SNP conference, and all correspondence and analysis surrounding this between March 1 2024 and the date of this FOI.

Response

Question 1

I enclose some of the information you have 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 an exemption(s) under section(s) 38(1)(b) (personal data of a third party), section 29(1)(a) (policy formulation), section 30 (b)(i) (free and frank provision of advice) and section 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

An exemption under section 38(1)(b) (personal data of a third party) of FOISA applies to some of the information you have requested, as disclosure 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. The Scottish Government has a policy of not disclosing the personal data of officials who are not senior civil servants. This exemption means that the names and contact details of officials or third parties have been redacted. 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 or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on non-domestic rates reliefs. 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 exploring a range of policy options will be disclosed in the near future, when this may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Exemptions under section 30(b)(i) (free and frank provision of advice) and section 30(b)(ii) (free and frank exchange of views) applies to some of the information requested. The exemption apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purpose of deliberation, or provision of advice. The exemptions recognise the need for Ministers to have a private space within which to discuss issues and options internally and with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on reliefs will substantially inhibit the provision of such advice in the future, particularly because these discussions regularly occur in the context of the Scottish Budget each year.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on non-domestic rates reliefs until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy-making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

Some of the information in some of the documents is not considered to be within scope of your request, as it is about a different topic, and has been redacted.

Question 2

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Due to the range of information (all progress, correspondence and analysis) you have requested on the issuance of the Scottish Government’s first Bond – this requires a robust investigation of all emails and documents produced within this timeframe. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. 

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. I would look to recommend that in future your requests are refined (such as the source of information or reducing the timeframe of your request) in order to target specific information in relation to the issuance of the Scottish Government’s bond. You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on this website at: https://www.itspublicknowledge.info/how-do-i-ask

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 202400416522 - Information Released - Attachments

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