FOI/202600507938 · FOI · partially withheld
Rothschild contract documentation: FOI release
Information requested
This request relates to the following contract:
https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=MAR500899
For the period 1st March 2024 - 30th April 2025, please provide:
(1.) All correspondence (by email or direct messaging application) between the Scottish Government and Rothschild which discusses this contract.
(2.) A list of all meetings (in person or virtual) between representatives of the Scottish Government and Rothschild related to this contract. For each meeting, please include the date of the meeting, and a list of the persons who attended.
(3.) All documents related to the meetings listed in answer to question (2.) including briefing materials prepared by either party, and notes or minutes recording what was discussed.
(4.) Any final report delivered by Rothschild to the Scottish Government in connection with this contract.
Response
We have conducted what we consider to be proportionate searches and information has been identified as being in the scope of your request. I enclose a copy of the information at Annex A.
In response to point 1, some of the information you requested is enclosed in Annex A, pages 1- 17. In response to points 2 and 3, there are three recorded meetings between the Scottish Government and Rothschild in relation to this contract. Some of the information you requested is enclosed in Annex A, pages 17-20. No final report found.
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 undersection 29(1)(a) (formulation of government policy), section 30 (b)(i), (provision of full and frank advice), and section 38(1)(b) (third party personal data) of FOISA apply.
The reasons why these exemptions apply are explained below.
Exemptions under section 29(1)(a) of FOISA (formulation or development of government policy) apply to some of the information requested. These exemptions apply because the information relates to the formulation of the Scottish Government's fiscal policy. 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 need in officials having a safe space to discuss policy development which outweighs public interest in releasing information. Exemptions under section 30 b (i) of FOISA (free and frank advice) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for private space within which to seek and discuss advice/views. Disclosing the content of free and frank information will substantially inhibit such information in the future. This exemption is subject to the public interest and prejudice test. 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 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 a private space within which officials can exchange free and frank advice with expert advisers to support policy formation. Disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest. Exemptions under section 38(1)(b) of FOISA (third party personal data) 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.
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
In this instance we are unable to provide some of the information you have requested because exemptions undersection 29(1)(a) (formulation of government policy), section 30 (b)(i), (provision of full and frank advice), and section 38(1)(b) (third party personal data) of FOISA apply. The reasons why these exemptions apply are explained below. Exemptions under section 29(1)(a) of FOISA (formulation or development of government policy) apply to some of the information requested. These exemptions apply because the information relates to the formulation of the Scottish Government's fiscal policy. This exemption is subject to the 'public interest test'.