Correspondence from Minister for Public Finance regarding Winter Fuel Payment: FOI release

Information requested

Emails, texts, WhatsApp’s, minutes of meetings or other communications received or sent by the finance minister Ivan McKee which mention the Winter Fuel Payment from the 4 July 2024 to the present date.

Response

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 the following exemptions apply. Section 25(1) (information otherwise accessible) of FOISA applies to some of the information. We do not have to provide information which is already reasonably accessible to you. 

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.

Section 30(b)(i) (free and frank provision of advice) of FOISA applies to some of the information. This exemption applies 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 full 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 and Ministers can conduct frank discussion. 

Section 38(1)(b) (personal information) of FOISA applies to some of the information. 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.

Some of the information contained within the enclosed document fell out with the scope of your request and has been redacted as out of scope.

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 202400425387 - Information released - Annex

File type

40 page PDF

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654.7 kB