Correspondence between the Scottish Government and Business for Scotland: FOI release

Information requested

With respect to contact between the Scottish Government and Business for Scotland (or its sister organisation, Believe in Scotland), 1st January 2023 - date, please provide:
(1.) The dates of all meetings held, in person or virtual.
(2.) Any documentation relating to the meetings, including agendas, presentation materials, minutes, notes, or briefings.
(3.) All correspondence between the Scottish Government and Business for Scotland (or its sister organisation, Believe in Scotland), 1st January 2023 - date

Response

In relation to the first part of your request concerning the dates of meetings, the following meetings have taken place since the start of 2023:

• 19 January 2023 – First Minister attended Business for Scotland Annual Dinner (see Annexes 1-3)
• 22 June 2023 - meeting between the Cabinet Secretary for Wellbeing Economy, Fair Work and Energy and Business for Scotland (see Annexes 4-5)
• 28 July 2023 – Cabinet Secretary for Wellbeing Economy, Fair Work and Energy participated in a lunch meeting with Business for Scotland Saltire Club members (see Annexes 6-7)
• 15 September 2023 – First Minister attended Business for Scotland Annual Dinner (see Annex 8)
• 19 September 2023 – meeting between Scottish Government official and Business for Scotland (see Annex 17 for associated emails)
• 30 November 2023 - meeting between Scottish Government official and Business for Scotland (see Annex 17 for associated emails)
• 26 March 2024 - meeting between the Cabinet Secretary for Wellbeing Economy, Net Zero and Energy and Business for Scotland (see Annexes 10-11)
• 18 April 2024 - meeting between the Deputy First Minister and Cabinet Secretary for Finance and Business for Scotland (see Annexes 12-13)
• 15 July 2024 - meeting between the Deputy First Minister and Cabinet Secretary for Economy and Gaelic and Business for Scotland (see Annexes 14-15)
• 8 August 2024 – meeting between the First Minister and Business for Scotland (see Annex 16)

As you requested in the second part of your request, the annexes indicated above contain documentation relating to these meetings. The final annex (Annex 17) contains correspondence relevant to the third part of your request.

In relation to the third part of your request, some information has already been made available in response to a previous Freedom of Information request (Correspondence with CEO of Business for Scotland and Believe in Scotland: FOI release - gov.scot (www.gov.scot)). 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.

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 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views, 30(c) (effective conduct of public affairs), 33(1)(b) (commercial interests), 38(1)(b) (personal information), and 39(1) (health and safety) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) and section 30(c) of FOISA (effective conduct of public affairs) 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, or otherwise prejudice substantially the effective conduct of public affairs. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials, or to engage in discussions with appropriate external stakeholders, before reaching a settled public position. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Disclosing the content of free and frank briefing material on these matters will substantially inhibit such briefings in the future, particularly as final decisions had yet to be taken, positions agreed or information made public. In addition, disclosing in full the content of the discussions with Business for Scotland at the meetings listed above will 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 would in turn undermine the quality of the decision-making process.

These exemptions are subject to the 'public interest test'. 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 because there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers, including in briefings, to support participation in meetings and events. We recognise that there is some 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. It is clearly in the public interest that Ministers can properly make decisions and engage with stakeholders in an informed way, and 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, as well as a reluctance for external stakeholders to provide their views fully and frankly, which would not be in the public interest. It should also be noted that there is 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. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to communicate and engage in discussions with external stakeholders as part of policy and decision making.

An exemption(s) under section 33(1)(b) of FOISA also applies to some of the information you have requested. This exemption concerns substantial prejudice to commercial interest and is subject to the ‘public interest test’. 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 help account for the expenditure of public money. However, there is a greater public interest in allowing private space for government to discuss with external stakeholders ideas and proposals for potential activity in support of achieving government objectives.

An exemption under section 38(1) of FOISA applies to some of the information you have requested. Section 38(1)(b) relates to personal data the disclosure of which would contravene data protection principles. As such, we have redacted the names and other identifying information of private individuals and Scottish Government officials below Senior Civil Service level. 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 39(1) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual. This exemption is subject to the ‘public interest test’. 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 the First Minister’s arrangements for visits, however this is outweighed by the public interest in the safety of the First Minister.

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 202400435692 - Information Released - Annex

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