FOI/202500478551 · FOI · not held
Sponsorship and oversight of the Scottish Fiscal Commission (SFC) queries: FOI release
Information requested
You asked for the following information regarding the Scottish Government’s sponsorship and oversight of the Scottish Fiscal Commission (SFC), with particular focus on its legal compliance, safeguarding policies, use of public funds, and ideological neutrality.
Response
A response to your request is set out below at Annexes A and B.
The SFC has recently issued a response to a similar FoI which has been published in redacted form on their website at FoI- 2025-10-Equality-Act-2010-Compliance-EDI Expenditure-and-Ideological-Influence-in-Fiscal-Guidance-reply-28-August- 2025.pdf
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 section 17(1) (information not held), section 30(b)(i) (free and frank exchange of advice), and section 38(1)(b) (personal information) apply. The reasons why these exemptions apply is explained below.
Exemptions under section 17(1) of FOISA (information not held) apply to some of the information requested. After completing comprehensive searches, the Scottish Government does not hold some of the information that you requested. In these instances, you may wish to contact the SFC directly to ask for the information.
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.
Exemptions under section 30b(i) of FOISA (free and frank exchange of advice) 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 for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice from officials prior to meetings. 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. 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.
Exemptions under section 38(1)(b) – Personal Data apply 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.
Detected exemption language
The SFC has recently issued a response to a similar FoI which has been published in redacted form on their website at FoI- 2025-10-Equality-Act-2010-Compliance-EDI Expenditure-and-Ideological-Influence-in-Fiscal-Guidance-reply-28-August- 2025.pdf 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 section 17(1) (information not held), section 30(b)(i) (free and frank exchange of advice), and section 38(1)(b) (personal information) apply. The reasons why these exemptions apply is explained below. Exemptions under section 17(1) of FOISA (information not held) apply to some of the information requested. 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. Exemptions under section 30b(i) of FOISA (free and frank exchange of advice) apply to some of the information requested.