FOI/202600522417 · FOI/EIR · partially withheld
Scotland's Rural College (SRUC) - Elmwood campus golf course correspondence: FOI release
Information requested
I am making this request under the Environmental Information (Scotland) Regulations 2004 (EIRs).
If any information requested is considered not to be environmental information, please treat that part of the request as a request under the Freedom of Information (Scotland) Act 2002 (FOISA).
I am seeking information relating to Elmwood Campus, Cupar, and its alignment with SRUC's Financial Recovery Plan (FRP), wider estate strategy or asset resource allocation.
Please provide all information held from 1 January 2023 to the present falling within the following categories:
1. All correspondence, emails, briefings, submissions to Scottish Ministers and meeting notes between the Scottish Government and SRUC or the Scottish Funding Council (SFC) concerning the Elmwood Campus site, its proposed disposal, sale, lease or community acquisition proposals.
2. Any copy of SRUC's Financial Recovery Plan, financial models, or monthly Dashboard metrics, Action Logs or project RAID Logs (Risks, Assumptions, Issues, and Dependencies) forwarded to the Scottish Government by the SFC or SRUC which mentions or evaluates Elmwood Campus.
3. All records, analysis, or briefings regarding the application of the Scottish Public Finance Manual (SPFM) asset disposal rules, ministerial consent requirements or the redirection/clawback of capital receipts generated by a potential disposal of Elmwood Campus.
4. All records showing whether alternative options to a commercial disposal were evaluated by officials or ministers, specifically including Community Asset Transfers (CATs), transfer to community bodies or alternative public-benefit uses.
Response
I enclose a copy of most of the information you have requested under Annex A.
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, including names and contact details of officials, 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.
An exemption under section 36(2) of FOISA (actionable breach of confidence) applies to some of the information requested because it was obtained from the Scottish Funding Council or SRUC and disclosure would constitute an actionable breach of confidence. This is because the information is confidential, was provided in circumstances which imposed an obligation on the Scottish Government to maintain that confidentiality, and unauthorised disclosure would be to the detriment of the organisation who provided 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.
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with the Scottish Funding Council on SRUC’s Elmwood campus will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while these discussions relate to a sensitive or controversial issue.
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, 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 process of exploring and refining the Government’s position on SRUC’s Elmwood campus, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence.
About FOI
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Detected exemption language
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, including names and contact details of officials, 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. An exemption under section 36(2) of FOISA (actionable breach of confidence) applies to some of the information requested because it was obtained from the Scottish Funding Council or SRUC and disclosure would constitute an actionable breach of confidence. 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. An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested.