Ministerial briefings, reports, presentations, submissions, relating to or directly resulting from this contract of the review of the Scottish Welfare Fund: FOI release

Information requested

You asked for any ministerial briefings, reports, presentations, submissions, relating to or directly resulting from this contract of the review of the Scottish Welfare Fund: https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=FEB440508 

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 of exemptions under the following sections of FOISA that apply to the information: 

• s25 – information otherwise accessible 
• s29(1)(a) – formulation / development of government policy s30(b)
• (i) - substantial inhibition to free and frank provision of advice
• s.30(c) – substantial prejudice to effective conduct of public affairs 
• s.38(1)(b) – personal data relating to a third party 

The reasons these exemptions apply are set out below. 

An exemption applies under section 25 – information otherwise accessible 

An exemption under section 25 of FOISA (information otherwise accessible) applies to some of the information requested. The Invitation To Tender documentation for this contract is publicly available here: view notice - public contracts Scotland and contains much of the requested information. Some of the information you have requested is also publicly accessible in political party manifestos, the Scottish Government is not required to provide you with this information on an individual basis. 

An exemption applies under section 29(1)(a) – formulation / development of government policy 

An exemption under section 29(1)(a) of FOISA (formulation / development or development of government policy) 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 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. 

An exemption applies under section 30(b)(i) - substantial inhibition to free and frank provision of advice 

An exemption under section 30(b)(i) (substantial inhibition to free and frank provision of advice) 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 this exemption. 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 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 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. 

An exemption applies under section 30(c) – substantial prejudice to effective conduct of public affairs 

An exemption under section 30(c) of FOISA (substantial prejudice to effective conduct of public affairs) 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 this exemption. It is essential for officials to be able to communicate, often in confidence, with external stakeholders on a range of issues, minor elements of which are set out within the submissions enclosed. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing and decisions have not yet been taken. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions. 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 policy-making process. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy-making process, which would not be in the public interest. 

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. 

 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202200289724_documents for release

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