Briefings and materials prepared for meeting of Education Secretary and Scottish Qualifications Authority officials: FOI release

Information requested

Education Secretary Jenny Gilruth recently met with SQA officials to discuss problems with the marking of Higher history.
Please release under FOISA:

• Copies of all briefings, background or other materials prepared in advance of this meeting
• Confirmation of all attendees, including whether a separate minute taker was present
• A copy of the minutes from the meeting
• A copy of any personal notes from attendees at the meeting

Response

I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance the Scottish Government is unable to provide some of the information you have requested – either because it is not held or because an exemption applies. Discussion on the individual elements of your request is included below with the reasons included where information is not provided where relevant.

Copies of all briefings, background or other materials prepared in advance of this meeting

Copies of briefing, background and other materials prepared in advance of the meeting are included at Enclosures 1 and 2 of the Index of Enclosures.

Exemptions under sections 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views for the purposes of deliberation), 30(c) (effective conduct of public affairs), 36(1) (confidentiality in legal proceedings) and 38(1)(b) (personal information) of FOISA applies to some of this information.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA 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.

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 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 issues can be explored and refined to enable the Government as a whole to reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken.

An exemption under section 30(c) of FOISA applies to some of the information you have requested. Disclosing this information would substantially prejudice our ability to conduct secure meetings by teleconference because we would not be able to reuse links, IDs and passcodes, or use similar ones, with confidence if that information were published. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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 release in disclosing information as part of open, transparent and accountable government. However, this is outweighed by the public interest in maintaining secure lines of remote communication to ensure that the Scottish Government is able to conduct its business effectively.

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.

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, i.e. names and contact details, 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.

Confirmation of all attendees, including whether a separate minute taker was present

Those in attendance at the meeting were:

• Jenny Gilruth MSP, Cabinet Secretary for Education and Skills
• Fiona Robertson, Chief Examiner and Chief Executive of SQA
• Shirley Rogers, Chair of SQA
• Clare Hicks, Director of Education Reform
• Laura Murdoch, Deputy Director Curriculum and Qualifications

No separate minute taker was present.

A copy of the minutes from the meeting

A copy of the minutes of the meeting are included at Enclosure 3 of the Index of Enclosures.

An exemption(s) under section 38(1) of FOISA applies to some of the information you have requested.

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, i.e. names and contact details, 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.

A copy of any personal notes from attendees at the meeting

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

No personal notes from Scottish Government attendees at the meeting are held by the Scottish Government.

You may wish to approach the Scottish Qualifications Authority (SQA) to determine if they hold personal notes for any SQA attendees at the meeting.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400434266 - Information Released - Annex

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