Correspondence regarding ‘Leaving Certificate’ educational standard: FOI release

Information requested

“All correspondence between the Scottish Government and the Government of Ireland on the introduction of a ‘Leaving Certificate’ educational standard into Scotland.”

Response

The Scottish Government does not hold any correspondence directly between it and the Governent of Ireland on the introduction of a ‘Leaving Certificate’ educational standard into Scotland as per your request.

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

However, we do hold some information relating to an exchange between Professor Hayward, who led the Independent Review of Qualifications and Assessment which recommended a leaving certificate approach, and the National Council for Curriculum and Assessment (NCCA), a statutory body of the Department of Education in Ireland. This has been included for completeness.

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 the following sections of FOISA applies to that information: 25(1) (Information otherwise accessible), 30(b)(ii) (free and frank exchange of views for the purposes of deliberation).

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Some of the information contained within communications you have requested is available publicly. Links to this information are included within the separately attached Index of Enclosures. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Exemptions under section 30(b)(ii) of FOISA (free and frank exchange of views) apply to some of the information provided. 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, as part of relationships which remain vital in supporting the programme of education reform in Scotland.

This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with the NCCA on the impact of introducing a Leaving Certificate in Scotland could substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on Education reform until the Government as a whole can adopt a policy that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good reform decisions can be taken based on fully informed advice and evidence, such as that provided by stakeholders consulted during the Independent Review of Qualifications and Assessment.

Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision-making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

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.

Additionally, it is important to note that the meeting note contained in Enclosure 3 of the Index of Enclosures document is a draft meeting note and may contain some inaccuracies. This includes the date of the online meeting - which took place on 21 September 2022 and not 23 September 2022 as referenced in the note.

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 202400432831 - Information Released - Annex A

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