Scottish Government materials regarding inward immigration: FOI release

Information requested

All reports/analysis/briefings held by the Scottish Government about inward immigration and Scots attitudes to immigration, from the last three months.

Response

It may be helpful to explain that immigration is reserved to the UK Government and as such the Scottish Government has no responsibility for the operation of the immigration system, which is managed by the Home Office. For the purpose of responding to this FOI request, we have considered ‘immigration’ to cover any reports/analysis/briefings relating to ‘inward immigration’ and ‘Scots attitudes to immigration’ as being relating to the operation of the immigration system. This excludes the operation of the asylum system and resettlement routes.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Information relating to population and migration can be obtained through both the Office for National Statistics and the National Records of Scotland websites.

Section 38(1)(b) – personal data
An 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 of officials 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.

Section 27(1) – information intended for future publication
An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release this paper before the planned publication date.

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 because it provides detail on the Scottish Government position relating to Family Visa financial requirements, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

Section 28(1) – relations within the UK
An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government, in part as it would reveal candid internal discussion about the other administration’s policies and potentially prematurely reveal negotiating positions and in addition, an occasion where the Scottish Government has been asked to keep information in confidence. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. Disclosure of this information will mean that the UK Government would likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.

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 maintaining close working relationships between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as migration. There is no public interest in disclosing information when that will damage relationships and disrupt future communications as that may impact on the effectiveness of future policy development and implementation work.

Section 29(1)(a) – formulation or development of government policy
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation and development of the Scottish Government’s policy on matters relating to migration.

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 migration 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.

Sections 30(b)(i) and 30(b)(ii) – free and frank exchange of views for the purposes of deliberation
Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching settled public positions.
Disclosing the content of free and frank briefing material on migration within the documents in scope will substantially inhibit such briefing in the future, particularly because in many cases discussions on these issues are still ongoing and in some cases final decisions have not been taken, and/or these discussions relate to sensitive issues such as such as specific immigration cases and decisions made by the Home Office and relate to individual circumstances.

These exemption 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views in briefing to Ministers, other officials, and appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on migration until the Government as a whole can adopt settled public positions that are 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 policy decisions can be taken. Premature disclosure could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future and is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of policy and decision making processes, which would not be in the public interest.

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 202400443406 - Information Released - Annex

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