Ministerial statement on Winter Fuel Payment replacement: FOI release

Information requested

1. The original draft of Shirley-Anne Somerville's ministerial statement delivered on 28 November 2024 regarding the Scottish Government’s announcement replacing the Winter Fuel Payment and all subsequent drafts of that ministerial statement, including feedback, edits, comments or changes suggested by Scottish Government officials, special advisers or ministers.

2. All correspondence received by the Scottish Government or Scottish Ministers from the Presiding Officer (or officials on her behalf) regarding the statement due to be delivered on 28th November 2024 and all subsequent exchanges between Scottish Government officials, ministers and special advisers with the Presiding Officer and her office about the statement, including any changes she required to be made on the statement.

Response

I enclose a copy of some of the information you have requested.

While our aim is to provide information wherever possible, in this instance we are unable to provide some of the information you have request because an exemption applies.

 An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it contains personal data of a third party, i.e. the 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 disclosingthe information outweighs the public interest in applying the exemption.

In addition, exemptions under section 30(b) of FOISA also apply to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views. This recognises the need for officials tohave a private space in wh ich to conduct frank discussion. This private and safe thinking space is essential to enable all options to be properly considered based on the best available advice so thatgood  decisions can be taken. Premature disclosure is likely to undermine the free and frank provision of advice or 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.

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, as part of open, transparent and accountable government. However, this is outweighed by the public interest in allowing a private and safe thinking space within which officials can conduct frank discussion.

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 202400443264 - Information released - Annex

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