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FOI/202600537215 · FOI · partially withheld

Briefing pack for Cabinet Secretary's Transport Committee appearance: FOI release

Published
2026-10-08
Received
2026-09-10
Responded
2026-10-07
Directorate
Topic
Public sector, Transport
Exemptions
29(1), 30, 38

Information requested

The complete briefing pack prepared for and/or provided to the Cabinet Secretary for Transport, Stephen Flynn MSP, in advance of his appearance before the Scottish Parliament’s Transport Committee on 9 September 2026.

This should include any annexes, speaking notes, anticipated questions and answers, lines to take, background briefing or other supporting material supplied as part of the briefing for the committee appearance.

Where multiple drafts of substantially the same document exist, I am content to receive only the final version provided to the Cabinet Secretary.

Response

I enclose a copy of most 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 apply.

Section 29(1)(a) (formulation or development of Scottish Government policy) of FOISA applies to some of the information. 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 some public interest in release as part of open, transparent and accountable government and to inform public debate.

However, there is a greater public interest in allowing space for officials to develop and formulate workstreams to help inform future policy considerations of Ministers. Disclosure is likely to undermine the quality of this process, which would not be in the public interest.

Some of the information is withheld under section 30(b)(i) (free and frank provision of advice and exchange of views). This exemption is subject to the public interest test. 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 some public interest in release as part of open, transparent and accountable government and to inform public debate. However, there is a greater public interest in allowing space for officials to discuss and engage with Scottish Government departments and other Ministers without inhibiting the free and frank exchange of views and advice necessary for effective deliberation.

Some of the information is withheld under section 38 – Personal Data of FOISA. Ie. names of individuals and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. 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 inapplying 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.

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 apply. Section 29(1)(a) (formulation or development of Scottish Government policy) of FOISA applies to some of the information. 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.

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