FOI/202500477091 · FOI · partially withheld
Cabinet Secretary for Education and Skills mothballing meeting materials: FOI release
Information requested
All materials related to a meeting on 30 July 2024 between the Cabinet Secretary for Education and Skills and officials (including Orlando Mason), including invites, briefings, summaries, chat comments, and personal notes.
Response
In relation to your question, I enclose a copy 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 30(b)(i) of FOISA - free and frank provision of advice, 36(1) - legally privileged and 38(1)(b) - personal data, of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.
Annex A
Section 30(b)(i)
An exemption under section 30(b)(i) (the free and frank provision of advice) FOISA applies to some of the information you have requested.
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 releasing the detailed discussions that took place between officials and Ministers during the process of decision-making. However, this is outweighed by the public interest in providing Ministers and Scottish Government officials space to provide advice on a complex issue where disclosure is likely to substantially inhibit provision of such advice.
Section 36(1)
An exemption under section 36(1) of FOISA applies to some of the information you requested as it is considered legally privileged.
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 while transparency is a key principle of good governance, in this instance, the public interest in disclosure is outweighed by the need to protect legal professional privilege. The release of such information could have a chilling effect on open communication between clients and their legal advisers, undermining the legal system's ability to provide effective and impartial advice.
Section 38(1)(b)
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to personal data. 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
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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 30(b)(i) of FOISA - free and frank provision of advice, 36(1) - legally privileged and 38(1)(b) - personal data, of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter. Annex A Section 30(b)(i) An exemption under section 30(b)(i) (the free and frank provision of advice) FOISA applies to some of the information you have requested. 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.