Plans to curb depopulation: FOI release

Information requested

Could you supply all policy proposals, briefing notes and policy analysis held about plans to curb depopulation, from the last three months? Can this include any reaction analysis undertaken following the publication of the report this year?

https://www.gov.scot/publications/supporting-enabling-sustainable-communities-action-plan-addressdepopulation/ pages/3/

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 because exemptions under sections Section 30(b)(i), Section 33(1)(b) and 38(1)(b) of FOISA apply to that information. The reasons why those exemptions apply are explained below. The following documents have been released in full as no exemptions were found to apply to their contents:

• Addressing Depopulation Delivery Group 1 – Draft Monitoring and Evaluation Approach
• FMQ – Rural Visa Pilot

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested within the following documents because it is personal data of a third party, i.e. the names and contact details of officials, 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 documents to which this applies are as follows:

• Ministerial briefing – visit to Isle of Eigg
• Ministerial briefing – rural depopulation debate
• Ministerial briefing – Addressing Depopulation Fund launch
• ADAP Delivery Group meeting 1 minutes
• ADAP evaluation of funding meeting
• Ministerial Meeting Note - Minister for Equalities and East Ayrshire Council
• Submission - Addressing Depopulation Action Plan - Funding Commitments - May 2024

The following document - Ministerial briefing – Inverclyde - was found to contain information which relates to a number of exemptions. Details of the exemptions which have been applied to this document can be found below.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the Inverclyde Socio-Economic Taskforce will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive or controversial issue which may impinge on broader engagement between the Scottish Government and the local authority. 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 a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s position on the work of the Inverclyde Socio-Economic Taskforce, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private 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.

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 would, or would be likely to, prejudice substantially the commercial interests of EE. The redacted statement represents an opinion of officials as opposed to a proven fact about the motivations of a private company. 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, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

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. the names and contact details of officials, 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.

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 202400425838 - Information Released - Documents 1-10

File type

140 page PDF

File size

2.1 MB