Correspondence relating to the Commonwealth Games: FOI release

Information requested

Can you release all correspondence between Scottish Government and DCMS and the Scotland Office on the Commonwealth Games. Can you restrict the search to March 2024 to the current date?

Response

In answer to your question, I enclose a copy of some of the information you requested. It may be useful to note that a number of discussions and negotiations are still live in relation to the development of the 2026 Commonwealth Games, including the exact details of the programme for the event and any commercial opportunities that may arise. There has also been no request by Commonwealth Games Scotland or the Commonwealth Games Federation for use of public funds to host the event.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested under the following exemptions of FOISA and FOIA that apply to sections of the information:

• Section 38(1)(b) (personal information);
• Section 3(2)(a)(ii) (information supplied in confidence by the UK Government);
• Section 28(1) (relations within the United Kingdom);
• Section 29(1)(a) (formulation of policy);
• Section 29(1)(b) (Ministerial correspondence);
• 30(b)(ii) (provision of free and frank exchange of views for the purposes of deliberation) and
• 33(1)(b) (commercial interests of any person or organisation) of FOISA apply to that information.

An exemption under section 38(1)(b) of FOISA (personal information) applies to sections of the information requested because it is personal data of a third party, ie 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.

An exemption under section 3(2)(a)(ii) of FOIA (information supplied in confidence by the UK Government) applies to sections of the information requested because it is not held by the Scottish Government. This information is covered by the UK Freedom of Information Act 2000 as it contains confidential information supplied by the UK Government in confidence and is not subject to FOISA. The requester is advised to instead make your request to the Department for Culture, Media and Sport under the terms of the Freedom of Information Act 2000. 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 28(1) of FOISA (relations within the United Kingdom) applies to some of the information requested. This exemption applies because it relates to interactions and processes between the UK and Scottish Government administrations and Ministers that have subsequent impacts on the formulation of government policy. Releasing this information would likely prejudice relations within the UK and specifically between the UK and Scottish Government administrations, resulting in a deterioration in information sharing and open and honest discussion and debate.

This exemption is subject to the ‘public interest test’. We recognise that there is a strong argument for transparency in government and any resulting policies that affect the public. However, disclosure would be likely to prejudice relations within the UK and specifically between the UK and Scottish Government administrations. This in turn could have longer term consequences and impacts on discussions and policy decisions of a similar nature between the administrations and Ministers in the future. 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.

An exemption under section 29(1)(a) of FOISA (formulation of policy) applies to some of the information requested. This exemption applies because it relates to specific information on live option consideration within the overall proposal where no final decision or agreement has been reached. Releasing this information at this stage of live discussions could unduly influence the final decisions on the scope, and format of the event and subsequent formulation of policies that, in turn, could have longer term consequences for existing sport development programmes and policies in Scotland. 

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help understand how policies are decided. However, discussions on formulating the policy around many aspects of this opportunity are still live and releasing this information could unduly influence final decisions on the event and any longer term implications for the Commonwealth Games and similar major events in Scotland. 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.

An exemption under 29(1)(b) of FOISA (Ministerial communications) applies to some of the information requested. This exemption applies because it relates to letters, including drafts, between two Ministers. Release of this information could harm and prejudice the relationship between Ministers and the UK and Scottish Government administrations, as well as the formulation of associated policies.

This exemption is subject to the ‘public interest test’. We recognise that there is a strong argument for transparency in government and any resulting policies that affect the public. However, disclosure would be likely to prejudice the relations between Ministers and the UK and Scottish Government administrations. The level of detail in these letters pertain to live discussions that aid the formulation of policy. Releasing this information could have longer term consequences and impacts on discussions and policy decisions of a similar nature between the administrations in the future, as well as relationships between Ministers. 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.

An exemption under section 30(b)(ii) (provision of free and frank exchange of views for the purposes of deliberation) applies to some of the information requested. This exemption applies because it relates to information containing views and assumptions of individuals that either relate to the ongoing formulation of advice and policies associated with the event, or relate to other organisations and are not necessarily factually accurate at this stage. The exchange of views between key individuals and stakeholder organisations is still a live process where a number of final decisions have still to be made, particularly in relation to contractual arrangements. Releasing this information could influence the deliberation process and could damage relationships with stakeholders which could impact on decisions relating to Commonwealth Games as well as other future events in Scotland.

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help understand how policies are decided. However, this information is in relation to on-going live discussions where no final decisions have been made and could harm the effective conduct of public affairs. Release of this information at this time could unduly influence those decisions and the sensitivity of the information may impact on relationships with national and international organisations. Release of this information could also unduly influence or impact impending contractual arrangements. 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.

An exemption under section 33(1)(b) (commercial interests of any person or organisation) applies to some of the information requested. This exemption applies because disclosure of this particular information is commercially sensitive and may substantially prejudice any subsequent contracts and invites to a competitive market to tender. No public sector financial support has been requested by Commonwealth Games Scotland or the Commonwealth Games Federation for this event and therefore there is no impact on the public purse.

This exemption is subject to the ‘public interest test’. 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 no request for public money to be provided for this event. The disclosure of commercial information in this instance would substantially prejudice any fair and open competition for future tenders. 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.

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 202400429044 - Information released - Annex

File type

80 page PDF

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734.9 kB