Scottish Fiscal Commission correspondence: FOI release

Information requested

All correspondence sent and received by the Scottish Government, including internal, all briefings and analysis written by/about and all minutes/notes from meetings, about or from the Scottish Fiscal Commission, between November 15 2024 and the date of this FOI.

Response

I enclose some of the information that you have requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide all the information you have requested because exemptions under sections: s.27(1) (information intended for future publication), s.29(1)(a) (policy formulation), s.30(b)(i) (free and frank exchange of advice), s.30(b)(ii) (free and frank exchange of views), and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

In addition, some of the information you have requested has already been published by the Scottish Fiscal Commission and is available here: Correspondence-with-Scottish-Government-about-proposals-to-removeor- mitigate-the-two-child-cap-in-the-2025-2026-budget-FoI -2024-6-18-December-2024.pdf

Exemptions under section 27(1) of FOISA (information intended for future publication) apply to some of the information requested. This is because it relates to information which has subsequently been, or is intended to be published within the next 12 weeks. The exemption in section 27(1) applies both to documents which are ready for publication and to information in draft form which needs further work.

This exemption is subject to the 'public interest test'. This means assessing whether the public interest is better served by disclosing or withholding the information. Taking account of all the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding this exemption.

Exemptions under section 29(1)(a) of FOISA (formulation or development of Government policy) apply to some of the information requested. This is because it relates to the formulation of government policy involving consideration and development of options for Scottish Ministers.

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 this 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 discussions 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.

Exemptions under section 30 b (i) and (ii) of FOISA (free and frank advice and exchange of views for the purposes of deliberation) 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 exemption recognises the need for Ministers and officials to have a private space within which to seek and discuss advice/views. Disclosing the content of free and frank information will substantially inhibit such information in the future.

This exemption is subject to the public interest and prejudice test. 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 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 to Ministers and with each other. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest as it would substantially prejudice the ability of Ministers to engage with Scottish Government officials.

Section 38(1)(b) – Personal Data

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.

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 202400445350 - Information released - Annex

File type

PDF

File size

334.2 kB