FOI/202500457524 · FOI · partially withheld
Business rates relief for hospitality business information: FOI release
Information requested
All external correspondence, minutes/notes from meetings, and briefings held about business rates relief for hospitality businesses, between December 1 2024 and December 15 2024.
Response
I enclose some 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 section 38(1)(b) (personal information) and section 30(b)(i) (free and frank exchange of advice) of FOISA applies to that information.
The exemption under section 38(1)(b) (personal information) applies to a small amount of the information requested because it is the personal data of a third party, i.e. the names or contact details of 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.
An exemption under section 30(b)(i) applies to a small amount of the information requested in document 4. The exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for Ministers to have a private space within which to discuss issues and options internally before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on reliefs will substantially inhibit the provision of such advice in the future, particularly because these discussions regularly occur in the context of the Scottish Budget each year.
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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 as part of the process of exploring and refining the Government’s policy position on non-domestic rates relief. 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. Disclosure is likely to undermine the full and frank discussion of issues within the Scottish Government, which in turn will undermine the quality of the policy making process, which would not be in the public interest.
Some of the information in some of the documents is not considered to be within scope of your request, as it is about a different topic, and has been redacted.
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 we are unable to provide some of the information you have requested because exemptions under section 38(1)(b) (personal information) and section 30(b)(i) (free and frank exchange of advice) of FOISA applies to that information. The exemption under section 38(1)(b) (personal information) applies to a small amount of the information requested because it is the personal data of a third party, i.e. the names or contact details of 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. An exemption under section 30(b)(i) applies to a small amount of the information requested in document 4.