Sir Brian Souter correspondence: FOI Release

Information requested

All correspondence, briefing notes, minutes from meetings mentioning or from Sir Brian Souter from the last six months, held by the Scottish Government.

Response

Some of the information you have requested is available from https://www.npbscotland.org.uk/. 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 exemptions under sections;

25(1) - Otherwise accessible
38(1)(b) - Third party personal data
29(1)(a) - Formulation/development of government policy

The public interest test does apply to the below exemptions;

30(b)(i) - Substantial inhibition to free and frank provision of advice. However, 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 these exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled view. Disclosing the content of free and frank discussions on the Scottish Government’s deliberations would substantially inhibit such discussions in the future. 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 allowing Ministers and officials a private space within which to explore and refine the Government’s position until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

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 202400425406 - Information Released - Annex

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