Costs of running The Promise; Redress Scotland and documents regarding Fornethy Survivors Group/House: FOI release

Information requested

1. Could you provide the full costs of running The Promise so far, with a breakdown per year and a breakdown of what the money is for, including a breakdown of staff costs?

2. Could you provide the full costs of running Redress Scotland so far, with a breakdown per year and a breakdown of what the money is for, including a breakdown of staff costs?

4. Could you supply all documentation held about the Fornethy Survivors Group/Fornethy House, including correspondence received and sent, internal correspondence, minutes/notes from meetings, policy analysis, from the last three months?

Response

1. Could you provide the full costs of running The Promise so far, with a breakdown per year and a breakdown of what the money is for, including a breakdown of staff costs?

Most of the information you have requested, for the financial years 2021-22 and 2022-23, is publicly available from The Promise Scotland website and Companies House, please see details and links below for each financial year.

Financial year 2021 – 22

Full accounts made up to 31 March 2022, published on Companies House website.

Financial year 2022-23

Full accounts made up to 31 March 2023, published on Companies House website.
The Promise Scotland Income and Expenditure, published on The Promise Scotland website
Freedom of Information response, submitted October 2023, to question: Details of the overall cost of salaries of the Promise senior management team broken down by role including the Chair/Independent Strategic Adviser for the Promise Scotland? Published on The Promise Scotland website.

Financial year 2023-24

It may be useful to note that The Promise Scotland is a non-statutory company, wholly owned by Scottish Ministers. As a Scottish limited company, its Board of Directors are responsible for ensuring it meets its responsibilities under company law including, but not limited to, preparing the annual report and financial statements. The accounts for 2023-24 are with the company’s auditor, and will be considered by the Audit & Risk Committee in November, and laid at the company’s AGM in December 2024.

For the financial year 2023-24 the Scottish Government holds the following summary of financial information:

• Staff costs – £1,717,282
• Core delivery costs – £544,827
• Project costs - £323,142

Total: £2,585,251

Financial year 2024-25

As the current financial year is in progress, please see below spend up to and including 31st August 2024:

• Staff costs – £896,470
• Core delivery costs – £291,356
• Project costs – £250,398

Total: £1,438,224

To note: The figures for 2023-24 and 2024-25 may be subject to adjustment following The Promise Scotland’s due financial processes as outlined above.

2. Could you provide the full costs of running Redress Scotland so far, with a breakdown per year and a breakdown of what the money is for, including a breakdown of staff costs?

The Scottish Government’s financial year runs from 1 April until 31 March annually.

Please see below the running costs for Redress Scotland. This has been split into two categories, staff costs and goods and services. We do not hold the information to provide a further breakdown. If you require a further breakdown, please contact Redress Scotland directly.

Financial year 2021-22
Redress Scotland became operational on 8th December 2021. Please see below figures for 2021-22:
Staff costs – £351,000.00
Goods and Services – £1,069,000.00

Financial year 2022-23
The annual report and accounts for this financial year has been published by Redress Scotland and can be found here. This includes a breakdown of running costs beginning at page 90.

Financial year 2023-24
At the time of writing, we do not have the final running costs, including adjustments, as these are currently a work in progress. Therefore, we cannot yet confirm the final spend for 2023-24. The annual report and accounts, which will have this information, will be published later this year. You will be able to find this here.

Financial year 2024-25
As the current financial year is in progress, please see below spend up to and including 31st August 2024:
Staff costs - £1,484,000.00
Goods and Services - £126,000.00

4. Could you supply all documentation held about the Fornethy Survivors Group/Fornethy House, including correspondence received and sent, internal correspondence, minutes/notes from meetings, policy analysis, from the last three months?

Please find attached as a separate PDF document which includes all ‘in scope’ documents.

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 s29(1)(a) (policy formulation), s30(b)(i) (free and frank exchange of advice), s30(b)(ii) (free and frank exchange of views), s36(1) (legal advice) and s38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

An exemption applies
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, ie names 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.

An exemption applies, subject to the public interest test
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 the formulation of the Scottish Government’s position on the eligibility criteria for Fornethy survivors to access Scotland’s Redress Scheme. 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 the discussions on the eligibility of Fornethy survivors to access Scotland’s Redress Scheme will be disclosed, when it may undermine or constrain the Government’s view on that policy while it is still under consideration by the Scottish Parliament.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final press lines or briefing lines to take are used. Further, disclosing the content of free and frank briefing material on the eligibility of Fornethy survivors to access Scotland’s Redress Scheme will substantially inhibit such briefing in the future, particularly because this matter is still under consideration by the Scottish Parliament.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views to Ministers in respect of press lines or briefing lines, or as part of the process of exploring and refining the Government’s policy position on the eligibility criteria for Fornethy survivors to access Scotland’s Redress Scheme. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. 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 and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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 202400429997 - Information released - Attachment

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144 page PDF

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668.9 kB