FOI/202500470408 · FOI · partially withheld
Ministerial correspondence regarding "Debate Night": FOI release
Information requested
Any emails sent to Ministerial emails or SPAD emails since 1 January 2025 that contain the phrase “Debate Night” and/or “Stephen Jardine”.
Response
I enclose a copy of the information you requested at ANNEX A.
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to a small amount of the information you have requested as it relates to the provision of free and frank advice. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. 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. Disclosing the content of free and frank discussions on dealing with a number of different issues, including responses to media queries and formulation of future policy, will substantially inhibit such discussions in the future.
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.
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, for example names and contact details for individuals, 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.
Information in some of the emails has been redacted as it is not related to "Debate Night" or "Stephen Jardine" therefore is out of scope of your request.
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Detected exemption language
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to a small amount of the information you have requested as it relates to the provision of free and frank advice. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. 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 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.