Creative Scotland and Open Fund for Individuals applications: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
1. Please confirm on what day the Scottish Government was informed by Creative Scotland that the Open Fund for Individuals would stop accepting applications on 30th August 2024.
2. Please provide a copy of all data the Scottish Government has relating to its receiving and subsequently handling of a) the announcement by Creative Scotland that it would stop accepting applications to the Open Fund for Individuals on 30th August 2024 and b) an open letter from the Scottish Music Industry Association to the First Minister on 30th August 2024. Please include all internal correspondence, phone calls, handwritten notes or other such documentation as well as all data relating to the involvement of ministers and special advisers. Please also include any correspondence with Creative Scotland.
3. Please provide a copy of all the data the Scottish Government has around the decision to include the announcement by the First Minister during the Programme for Government on 4th September 2024 that, “A review of Creative Scotland will be undertaken to ensure the appropriate approach is in place to meet the needs of the sector and I am pleased to confirm to Parliament that the resources required to enable Creative Scotland to continue the work of the Open Fund are now available. Please include all internal correspondence, phone calls, handwritten notes or other such documentation as well as all data relating to the involvement of ministers and special advisers. Please also include any correspondence with Creative Scotland.
Response
Regarding part 1 of your request, Creative Scotland informed the Scottish Government officials on 14 August 2024 that the Open Fund for individuals would stop accepting applications on 30 August 2024.
Regarding part 2 of your request, please see the documents enclosed in Annex A.
Regarding part 3 of your request, please see the documents enclosed in Annex B. Some of the information you have requested is publicly available at https://www.parliament.scot/-/media/files/committees/constitution-europe-external-affairs-and-culturecommittee/ correspondence/2024/creative-scotland-review--programme-for-government.pdf.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
Exemptions
An exemption under section 38(1)(b) of FOISA applies to some of the information requested because it is personal data of a third party 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 30(b)(i) and 30(b)(ii) of FOISA applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for Ministers and officials to have a private space within which to exchange views and fully consider issues arising.
Disclosing the content of free and frank exchange of views will substantially inhibit the space within which Ministers and officials are able to freely consider matters arising in 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.
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.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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