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202300363472 · FOI · clarification

Correspondence between the Cabinet Secretary for Education and Skills and the Cabinet Secretary for Finance: FOI release

Published
2023-09-12
Received
2023-06-23
Responded
2023-07-31
Directorate
Learning Directorate
Topic
Public sector
Exemptions
29, 38(1), 20

Information requested

In your request, you asked for:

All correspondence between the Cabinet Secretary for Education and Skills and the Cabinet Secretary for Finance regarding budget decisions for the teacher’s pay deal. All correspondence between the Cabinet Secretary for Education and Skills regarding budgetary decisions for the teacher’s pay deal.

With regard to question 2 above, we sought clarification as to whom or with what body your request for correspondence between the Cabinet Secretary for Education and Skills applies. You clarified:

I am looking for all correspondence with COSLA and with government officials.

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 sections 29(1(a) (formulation of government policy) and 38(1)(b) (personal information) of FOISA apply to that information.

Exemptions under section 29(1(a) are 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.

Exemptions under section 38(1)(b) are 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.

Detected exemption language

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 sections 29(1(a) (formulation of government policy) and 38(1)(b) (personal information) of FOISA apply to that information. Exemptions under section 29(1(a) are 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. Exemptions under section 38(1)(b) are 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.

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