FOI/202600521225 · FOI · partially withheld
Correspondence relating to Ministers attending Scotland's World Cup games: FOI release
Information requested
All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about invites to attend Scotland's World Cup games or attending Scotland's World Cup games, from the last 30 days (from the date of your request).
Response
I enclose some the information you have requested.
Exemptions under sections 27(1) - future publication, 29(1)(a) - formulation/development of government policy, and 30(b)(i) - free and frank provision of advice have been applied.
Exemption under section 38(1)(b) of FOISA have been applied throughout. Disclosing this information would contravene one or more of the data protection principles set out in Article 5 of the UK General Data Protection Regulation and section 34(1) of the Data Protection Act 2018. In particular, the individuals concerned would not reasonably expect their personal data to be disclosed into the public domain in response to a freedom of information request. This exemption is absolute and is therefore 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 under section 29(1)(a) of FOISA (formulation of policy) applies to some of the information requested because it relates to the development of Scottish Government policy. 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 a public interest in disclosing information as part of open, transparent and accountable government, to ensure officials are able to discuss openly in order to form policy.
An exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to some of the information requested because it relates to the operation of any Ministerial private office. 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 a public interest in disclosing information as part of open, transparent and accountable government, to ensure private offices operate efficiently and to inform public debate. However, there is a greater public interest in allowing Private Offices a private space to engage with their minister on logistics.
Information relating to the estimated cost of the visit to the World Cup has been redacted. It is our intention to publish this data within 12 weeks. This is a formal notice under Section 27(1) that the information is intended for future publication. 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 because of the use of public funds to support this visit, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.
The exemption of 30(b)(i) (Free and frank provision of advice) of FOISA applies because disclosure would, or would 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 and views from officials before reaching the settled public position. Disclosing the full content of free and frank advice provided to, and by, Ministers would substantially inhibit such advice in the future, particularly because the provision of advice can relate to issues still ongoing and final decisions may not have been taken, and can relate to often fluid, evolving and sensitive issues.
We recognise that there is a public interest in disclosing information as part of an open, transparent and accountable government, and to inform public debate. This exemption is subject to the public interest test, and we found that, on balance, the public interest lies in favour of partially upholding the exemption for the advice. There is a greater public interest in allowing a private space within which Ministers can receive advice to manage their time in order to robustly defend the Government’s policies and decisions in a public forum. Finally, the premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice in the future, which would not be in the public interest.
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Detected exemption language
Exemptions under sections 27(1) - future publication, 29(1)(a) - formulation/development of government policy, and 30(b)(i) - free and frank provision of advice have been applied. Exemption under section 38(1)(b) of FOISA have been applied throughout. Disclosing this information would contravene one or more of the data protection principles set out in Article 5 of the UK General Data Protection Regulation and section 34(1) of the Data Protection Act 2018. This exemption is absolute and is therefore 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 under section 29(1)(a) of FOISA (formulation of policy) applies to some of the information requested because it relates to the development of Scottish Government policy.