Briefing material regarding Higher History for the Education Committee session: FOI release

Information requested

Copies of any briefing material provided to the Education Secretary (Jenny Gilruth) regarding Higher History, specifically in preparation for the recent Education Committee session.

Response

I enclose a copy of some 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 the following sections of FOISA applies to that information: 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) and 38(1)(b) (personal information).

Exemptions under section 30(b)(ii) of FOISA (free and frank exchange of views) apply to some of the information provided. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation, as part of relationships which remain vital in supporting the programme of education reform in Scotland.

This exemption recognises the need for officials to have a private space within which to discuss issues and options with Ministers before the Scottish Government reaches a settled public view. Disclosing the content of these discussions could substantially inhibit such discussions in the 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 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 policy position.

Premature disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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.

Exemptions have also been applied in the case of information that is available elsewhere, as per Section 25(1) of FoISA. This applies in the case of: Enclosure 01.1 – SQA Higher History Review Report, Enclosure 02.1 which includes SQA Higher History: a view from the principal assessor and senior team leader and Enclosure 02.2 Education (Scotland) Bill – Stage 1 Report. 

Links to the reports are provided below:

Higher History Review 2024

SQA Higher history: a view from the principal assessor and senior team leader| Tes

Education (Scotland) Bill - Stage 1 Report | Scottish Parliament

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 202400444229 - Information released - Annex A

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