Waspi women correspondence, State Pension age and life expectancy: FOI release

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


Information requested

1. Could you supply all documentation held by the Scottish Government, including correspondence, analysis, briefings and minutes/notes held about life expectancy in Glasgow, from the last 12 months?

2. What is the current Scottish Government position on the state pensions age, and all analysis undertaken on this?

3. Could you supply all documentation held by the Scottish Government, including correspondence, analysis, briefings and minutes/notes held about the Waspi women, from the last three months, including minutes from themeeting held on April 18?

Response

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

Some of the information you have requested is available from:

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 websites 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 the Scottish Government does not have some of the information you have requested. The Scottish Government does not hold minutes from the meeting on 18 April 2024. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Exemptions under section 38 (1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, i.e. the names and contact details of individuals, and disclosing it 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.

Exemptions under section 30(b)(ii) of FOISA applies to some of the information you have requested. This exemptionapplies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views.

This recognises the need for officials to have a private space in which to conduct frank discussion. This private and safe thinking space is essential to enable all options to be properly considered based on the best available advice so that good decisions can be taken. Premature disclosure is likely to undermine the free and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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 some public interest in release, as part of open, transparent and accountable government. However, this is outweighed by the public interest in allowing a private and safe thinking space within which officials can conduct frank discussion.

Exemptions under section 36(1) of FOISA applies to some of the information you have requested because it relates to legal advice and disclosure would breach legal professional privilege.

This exemption is subject to the ‘public interest test’ as set out in section 36(1) of FOISA. 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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, as is the case for any other public or private organisation.

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 202400417753-Information Released -Annex A
FOI - 202400417753-Information Released-Annex B

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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