FOI/202500466871 · FOI · partially withheld
Material regarding UK Industrial Strategy Advisory Council: FOI release
Information requested
‘Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about the UK Industrial Strategy Advisory Council, from the last three months? -Could you also supply who from the government attends these meetings?’
Response
I enclose a copy of some of the information you requested as a PDF.
While our aim is to provide information whenever possible, in this instance some of the material is being withheld under exemptions outlined in the Freedom of Information (Scotland) Act 2002 (FOISA).
Section 30(b)(i) – free and frank provision of advice Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This 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. 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 a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s policy, until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.
Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation 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 Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. This exemption also recognises the free and frank exchange of officials, advisors, and legal colleagues in regards to decision making. 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 explore and refine the Government’s position, until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.
Section 38(1)(b) – Personal data This exemption applies 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
Regarding ‘who from the government attends these meetings’, no-one from the Scottish Government attends the Advisory Council meetings. Membership can be viewed via: https://www.gov.uk/government/organisations/industrial-strategy-advisory-council/about/membership
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 some of the material is being withheld under exemptions outlined in the Freedom of Information (Scotland) Act 2002 (FOISA). Section 30(b)(i) – free and frank provision of advice Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This 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. 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.