Correspondence regarding emergency spending controls: FOI release

Information requested

On December 11, 2023, the then-Deputy First Minister wrote to each Cabinet Secretary with regards the Path to Balance and budget constraints. Could you please provide the response give from each Cabinet Secretary to the then-DFM, please?

In September this year, Shona Robison wrote to each Cabinet Secretary outlining necessary steps in light of the introduction of emergency spending controls. Could you also provide written correspondence from each cabinet secretary in reply to Ms Robison's letter? 

Response

I enclose a copy of most of the information you requested. The information requested under your first question is included in Annex A. The response to the second part of your is covered by another FOI request that we have received and I have therefore included this response in Annex B.

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 the following an exemptions apply to that information: section 38(1)(b) – Personal information of third party of FOISA and section 30(b) - free and frank provision of advice or exchange of views.

An exemption under section 30(b) (free and frank provision of advice or exchange of views) applies to parts of the information requested because it relates to the exchange of views and advice for the purposes of discussion and deliberation in the normal course of government business. There needs to be an environment whereby opinions and options can be discussed freely on financial matters to inform decision making. Disclosure of such exchanges is likely to inhibit such helpful discussions and deliberations going forward. Where final decisions on savings result in transfers between budget lines these are communicated to Parliament as part of the Autumn and Spring Budget Revisions.

Exemptions under section 30(b) 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise that there is a public interest in disclosing information as part of an open, transparent and accountable government we consider in this instance that this is outweighed in terms of public interest by the need to allow Ministers a space where they can freely consider and discuss the policy options available to them. 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 further savings are to 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.

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FOI 202400438634 - Information released - Annex

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