Publication of Cabinet Secretary for Social Justice letter: FOI release

Information requested

On the 9th January a letter was published on the Scottish Government publication site that was written by the Cabinet Secretary for Social Justice to the UK Government to ask about enabling payments to mitigate the two child cap to be by April 2025.

Shortly after the letter was published, the link to the letter was no longer available (404-not found).

Regarding this letter, I am requesting the following information:

1. A copy of the correspondence regarding the decision to publish the letter.

Personal details can of course be redacted but please provide the detail that shows who agreed for the letter to be published.

2. Confirmation of whether or not the letter was taken off the Scottish Government publication website or deleted.

Please state why the letter was available and then wasn’t.

3. Please confirm who in the Cabinet or Government signed off

(i) the contents of the letter
(ii) the online publication of the letter

4. Confirmation of whether or not the letter had already been sent to the UK Government before it was published on the Scottish Government website.

If so, please confirm the time and date the letter was sent to the UK Government.

Response

I have enclosed a copy of the information you have requested.

The letter in question was sent to the Secretary of State for Work and Pensions on 9 January 2025 at 9:13 am ahead of its publication on the Scottish Government website.

An exemption applies under Section 38 (1)(b) – Personal data relating to a third party

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. 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 disclosing the information outweighs the public interest in applying the exemption.

An exemption applies under Section 30(b)(i) - Free and frank provision of advice

An exemption under Section 30(b)(i) (substantial inhibition to free and frank provision of advice) of FOISA applies to some of the information requested. 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 these exemptions. We recognised that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future. We recognise that there is a public interest in disclosing this 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.

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 202500447346 - Information released - Annex

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