FOI/202400445041 · FOI · partially withheld
VoiceAbility advocacy contract monitoring reports: FOI release
Information requested
Contract monitoring reports sent to Scot Gov by VoiceAbilty under their contract to provide advocacy for Scottish Social Security, for 2022, 2023 and 2024.
Response
I will enclose a copy of most of the information you requested on a separate email.
Exemptions under sections s.33(1)(b) and s.38(1)(b) of FOISA applies to the information you have requested.
Section 38(1)(b) - Third party personal data
Section 38(1)(b) (personal information) of FOISA applies to some of the information. 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.
Section 33(1)(b) Substantial prejudice to commercial interests
Section 33(1)(b) of FOISA (commercial interests in the economy) applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the Scottish Government and also of contractors seeking contracts with the Scottish Government. If individual contractors knew the rates and proposals of other contractors that could lead to some of those contractors undercutting their competitors to secure contracts.
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 release of the information as part of open and transparent government, and to help account for the expenditure of public money. However, this is outweighed by the public interest in protecting the commercial interests of the Scottish Government and the companies which tender for Scottish Government contracts, to ensure that there is fair competition between suppliers and we are always able to obtain the best value for public money.
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
Exemptions under sections s.33(1)(b) and s.38(1)(b) of FOISA applies to the information you have requested. Section 38(1)(b) - Third party personal data Section 38(1)(b) (personal information) of FOISA applies to some of the information. 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. Section 33(1)(b) Substantial prejudice to commercial interests Section 33(1)(b) of FOISA (commercial interests in the economy) applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the Scottish Government and also of contractors seeking contracts with the Scottish Government.