Correspondence regarding Fuel Insecurity Fund and Housing Emergency Debate: FOI release

Information requested

1. The latest briefing document provided to the Cabinet Secretary for Social Justice that mentions the Fuel Insecurity Fund.

2. The latest email sent by the Cabinet Secretary for Social Justice that mentions the Fuel Insecurity Fund.

3. The latest email received by the Cabinet Secretary for Social Justice and her office staff that mentions the Fuel Insecurity Fund.

4. A copy of all briefing materials provided to the Cabinet Secretary for Social Justice to aid them in the chamber on the 13th of November 2024.

Specifically materials provided to the Cabinet Secretary for the Scotland’s Housing Emergency Debate.

Response

I enclose a copy of most 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 exemptions under sections of FOISA applied to that information:

Exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested.

This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive or controversial issue.

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 allowing a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s position until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Exemption under section 30(c) of FOISA (substantial prejudice to the effective conduct of public affairs) applies to some of the information requested.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for officials to be able to communicate often in confidence, with external stakeholders on a range of issues, including on matters relating to their functions. Disclosing the content of these communications is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions relate to a sensitive or controversial issue. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions.

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 allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a decision that is sound and likely to be effective. 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, such as that provided by the Wise Group. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

Exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals, 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.

Exemption under section 25(1) of FOISA applies to some of the information requested.

Some of the information you have requested is available from:

Official record of the meeting of the Parliament (12 November 2024) at https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-inparliament/meeting-of-parliament-12-11-2024?eeting=16090&iob=137398

Official record of the meeting of the Parliament (13 November 2024) at https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-inparliament/meeting-of-parliament-13-11-2024?eeting=16092&iob=137409

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 websites 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 202400440711 - Information Released - Debate

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PDF

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647.6 kB

FOI 202400440711 - Information Released - Fuel Insecurity Fund

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408.8 kB