Correspondence regarding Tobacco and Vapes Bill: FOI release

Information requested

1. Could you supply minutes/notes from meetings between the Scottish and UK Governments about the plans for banning smoking in public places in Scotland, from between September 15 and the date of this FOI October 15?

Note: We interpret your request to mean for question one ‘between September 15 and the date of this FOI (16/12/24)’.

2. Could you supply minutes/notes from meetings between the Scottish Government and UK Government regarding regulating the sale of cigarettes to those born after 2009, between September 15 and October 15?

Response

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 exemption(s) under section(s) 28(Relations within the United Kingdom), s.29(1)(a) (policy formulation), s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter. Please find enclosed the information in scope of your request:

• 202400445285 – Table of Documents

1	Tobacco and Vapes Bill - 4 nations meeting readout - 6 December 2024
2	Tobacco and Vapes Bill - 4 nations meeting readout - 15 November 2024
3	Tobacco and Vapes Bill - 4 nations meeting readout - 1 November 2024
4	Tobacco and Vapes Bill - 4 nations meeting readout - 25 October 2024
5	Tobacco and Vapes Bill - 4 nations meeting readout - 18 October 2024
6	Tobacco and Vapes Bill - 4 nations meeting readout - 11 October 2024
7	Tobacco and Vapes Bill - 4 nations meeting readout - 4 October 2024
8	Tobacco and Vapes Bill - 4 nations meeting readout - 20 September 2024

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exemption applies

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 development of the Scottish Government’s policy on tobacco and vaping.

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 tobacco and vaping policy 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.

Section 28(1) – relations within the UK [where disclosure would otherwise prejudice relations between the SG and another UK administration]

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, Welsh Government and Northern Ireland Executive. Disclosure could substantially prejudice relations, eg it would reveal candid internal discussion about the other administration’s policies and prematurely reveal negotiating positions. 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, Welsh Government and Northern Ireland Executive are 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, Welsh Government and Northern Ireland Executive, 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 development of tobacco and vaping policy. 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 38(1)(b) – applicant has asked for personal data of a third party

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 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.

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 202400445285 - Information Released - Documents

File type

PDF

File size

592.3 kB