Cabinet Secretary for Health and Social Care - Football Related Ministerial Engagements: FOI release

Information requested

a. any briefing provided by civil servants to Mr Gray for the five games in question (detailed below).

b. how many civil servants or government officials were in attendance for each of the five games in question, given that these were official ministerial engagements.

c. any notes or meeting minutes recorded by civil servants/officials at the five games in question.

c. if Mr Gray was formally invited to these five games, the original correspondence from the relevant bodies.

d. any official decisions or reasoning (including all correspondence) for non-Government officials (i.e. family/friends) to be permitted to attend alongside Mr Gray for what was official government business.

The five specific games in question I refer to:

• Aberdeen v Hibernian in the Scottish League Cup semi-final at Hampden Park (November 2023)
• Aberdeen v Rangers in the Scottish League Cup final at Hampden Park (December 2023)
• Aberdeen v Celtic in the Scottish Cup semi-final at Hampden Park (April 2024)
• Aberdeen v Livingston in the Scottish Premiership at Pittodrie (May 2024)
• Scotland v Portugal at Hampden Park (October 2024)

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 and SPFL regularly invite 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 each of these visits, Mr Gray was accompanied by a Scottish Government official. For the visits relating to the matches for Aberdeen against Hibs, Rangers and Celtic, and Scotland against Portugal, Mr Gray was also accompanied by a guest. He did not have a guest at the Aberdeen vs Livingston game. The names of these attendees are withheld under Section 38(1)(b) (personal information).

In terms of what business is undertaken on a weekend, the information you have requested is available from the Scottish Government's website where we proactively publish Ministerial engagements, travel and gifts: Ministerial engagements, travel and gifts - 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.

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 202400440809 - Information Released - Annex

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