Correspondence regarding Scottish National Investment Bank and Ministerial Advisory Group: FOI release

Information requested

1. Could you supply all correspondence received and sent by the Scottish Government, including internally, notes and minutes from meetings, and briefings written about the Scottish National Investment Bank and its lack of advisory board, from the last three months, including any actions taken to set one up?

2. In a previous FOI response: 202300409594, a briefing note read: "Officials expect to offer a number of options and recommendations to Ministers on key aspects of the Advisory group in early 2024." 

• Could you supply all work done on this and the final outcome if possible?

Response

We have interpreted "advisory board" as the Ministerial Advisory Group. I enclose a copy of some of the information you requested at Annex A.

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 of the following exemptions.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to a limited amount of the information requested because it relates to the formulation and development of the Scottish Government’s policy on the establishment of the Ministerial Advisory Group.

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 establishment of the Ministerial Advisory Group will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) also apply to aspects of 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. Disclosing the content of free and frank briefing material on these matters will substantially inhibit such briefings in the future, particularly as such matters were still ongoing at the time and final decisions had yet to be taken or positions agreed.

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 briefings and submissions in relation to the Ministerial Advisory Group. It is clearly in the public interest that Ministers can properly make decisions and to provide sound information to Parliament (to which they are accountable) and to understand fully the approach being taken. They need full and candid advice from officials to enable them to do so. 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 38(1)(b) of FOISA (personal information) applies to a small amount of that information, being the personal data of a third party, i.e. the names of junior officials and personal details of other persons. Disclosing such 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. 

Information otherwise available

Some of the information you have requested is otherwise available publicly from the Scottish Parliament website. Such information is available by way of answers to Parliamentary Questions (PQs). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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.

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 202400433536 - Information Released - Annex A

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