Edinburgh Book Festival and Baillie Gifford correspondence: FOI release

Information requested

1. All communication between the Scottish Government and Baillie Gifford between 1st May 2024 and 6th June 2024.

2. All correspondence between Cabinet Secretary for Culture and Baillie Gifford between 1st May 2024 and 6th June 2024.

3. All communication between the Scottish Government and Edinburgh Book Festival between 1st May 2024 and 6th June 2024.

4. All correspondence between Cabinet Secretary for Culture and Edinburgh Book Festival between 1st May 2024 and 6th June 2024.

5. Any letters or emails sent by the Cabinet Secretary specifically regarding the Edinburgh Book Festival between 26th May 2024 and 6th June 2024.

Response

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 for reasons I have set out in detail below.

Request 1
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names, professions 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.

Request 2
The Scottish Government does not hold the information you have asked for because there has been no correspondence between the Cabinet Secretary for Constitution, External Affairs and Culture, Angus Robertson, and Baillie Gifford between 1st May 2024 and 6th June 2024. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested.

Request 3
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information could substantially prejudice the commercial operation and interests of the organisation.

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 and transparent government. However, there is a greater public interest in protecting the commercial and operational interests of those organisations with which we engage as trusted partners.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names, professions 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.

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 early thinking and the formulation of the Scottish Government’s policy around possible approaches to support funding of the culture sector.

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 discussions about possible approaches to support funding of the culture sector 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.

Request 4
The Scottish Government does not hold the information you have asked for because there has been no correspondence between Cabinet Secretary for Constitution, External Affairs and Culture, Angus Robertson and Edinburgh International Book Festival between 1st May 2024 and 6th June 2024. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested.

Request 5
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names, professions 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.

The following annexes have been attached separately:
Annex A outlines our response to request (1), subject to the exceptions under sections 38(1)(b) as noted above.
Annex B outlines our response to request (3), subject to the exceptions under sections 33(1)(b), 29(1)(a) and 38(1)(b) as noted above.
Annex C outlines our response to request (5), subject to the exceptions under section 38(1)(b) as noted above.

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 202400417791 - Information Released - Annex A-C

File type

29 page PDF

File size

386.9 kB