Publication - FOI/EIR release

Correspondence on Scottish Qualifications Auithority (SQA) budget position: FOI release

Published: 17 January 2025
Directorate: Education Reform Directorate
Topic: Education, Public sector
FOI reference: FOI/202400438358
Date received: 29 October 2024
Date responded: 13 December 2024

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

All communication between the SQA and the Scottish Government about the SQA’s financial situation from 1 March 2024 onwards – as well as any research/reports/presentations shared with the Scottish Government about the SQA’s financial position during this period.

The response should include but not be limited to any additional funding SQA is seeking from the Scottish Government to deliver its education reform ambitions.

For instance, the SQA Chief Executive Fiona Robertson has also talked about the need for investment in the SQA’s “ageing digital infrastructure”; she said it would be “vital that Qualifications Scotland has the investment it needs to modernise technology”. Please include any details of the investment requested by SQA in this regard and the government’s response.

Response

I enclose a copy of the information you requested.

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 exemptions under sections 25, 29(1)(a), 30b(i), 30b(ii) 30c, 33(1)(b) and 38(1)(b) of FOISA.

Some of the information you have requested is, or will be, available in the minutes of the Transition Board and the recently published Public Bodies Corporate Functions data. 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 below, then please contact me again and I will send you a paper copy.

A Transition Board has been established to deliver on Ministerial ambitions for education reform through direction, oversight and assurance on the transition process for the establishment of Qualifications Scotland. Their discussions have included SQA’s budget position. In accordance with the terms of reference of the Transition Board the Scottish Government will be publishing these minutes. Under section 27(1) of FOISA, the Scottish Government have 12 weeks from the point of request to do so. The minutes will be published by 21 January 2025 and will be available to view here: https://www.gov.scot/collections/education-reformprogramme-minutes-from-the-boards/

The Public Bodies Corporate Functions Data published on 15 November 2024 is available here:
https://www.gov.scot/publications/public-bodies-corporate-function-data-data-as-at-financial-year-2022-23/

Exemptions under section 29(1)(a) – Formulation of Scottish Administration Policy – apply to some of the information requested. 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 to demonstrate the effective use of public funds. However, this is outweighed by the public interest when disclosure at this time may harm decisions that have not yet been made.

Exemptions under section 30(b)(i) and 30(b)(ii) – Free and Frank provision of advice/ exchange of view – apply to some of the information requested. 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 public interest in release of this information as it relates to SQA requirement for effective stewardship of public funds. However, release of this information could impact the relationship between the SQA and the Scottish Government and damage our ability to provide free and frank advice and views.

Exemptions under section 30c - effective conduct of public affairs - apply to some of the information requested. 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 to demonstrate the effective use of public funds. However, this is outweighed by the public interest when disclosure at this time could impact the financial relationship between SQA and third parties and cause significant harm to SQA’s ability to deliver its statutory functions.

Two exemptions under section 33(1)(b) – Commercial Interests - were applied. This exemption represents information withheld as its disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation. 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. However, this is outweighed by the public interest when disclosure at this time may cause substantial prejudice to commercial decisions that have not yet been made.

An exemption under section 38(1)(b) - 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.

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