Former Cabinet Secretary for Wellbeing Economy, Fair Work and Energy ministerial visit 17 December 2023: FOI release

Information requested

In relation to Neil Gray attending the Aberdeen v Rangers match on 17 December 2023:

How many Scottish Government officials accompanied Mr Gray to this ministerial engagement?

Please supply all information in the ministerial briefing given to Mr Gray for this event and all notes or minutes resulting from the event.

Please also supply all information in the correspondence between Mr Gray, or his office, and the person or body which invited him, in relation to his attendance.

This should include, but not be limited to, all information in the invitation and in any follow-up correspondence.

Response

I enclose a copy of most of the information you requested. Exemptions under sections 29(1)(a), 33(1)(b) and 38(1)(b) of FOISA apply to some of the information you have requested. This means we have redacted information linked to section 29(1)(a) on the formulation or development of government policy; section 33(1)(b) where disclosure would, or would be likely to, prejudice substantially the commercial interests of any person or organisation; and section 38(1)(b) relating to personal details of members of the public and Scottish Government officials under the grade of Senior Civil Servant.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some the information requested because it relates to the development of the Scottish Government’s policy as regards specific aspects of football on which we are currently considering our approach. 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 policies 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.

An exemption under section 33(1)(b) of FOISA (commercial interest) applies to some the information requested because it relates to ongoing negotiations regarding a funding proposal under the fan bank. 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 releasing the information would be of interest to the public but it could adversely impact on sensitive discussions between those involved in the proposal and the finalisation of the transaction.

In terms of how the visits were arranged and who accompanied Mr Gray, the Scottish FA regularly invites Ministers to international matches and domestic cup finals and semi-finals. These provide a good opportunity to engage with a number of football stakeholders on current key issues. Invitations are sent to the Scottish Government by the organising body, either the Scottish Football Association or the Scottish Professional Football League, and, as with any engagement invitation, officials provide advice to Ministers on potential attendance.

For this visit, Mr Gray was accompanied by a Scottish Government official and a guest. The names of these attendees are withheld under Section 38(1)(b) (personal information).

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 202400440412 - Information Released - Annex

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