FOI/202400440954 · FOI · already published
Cabinet Secretary for Finance and Local Government correspondence regarding emergency spending controls: FOI release
Information requested
All correspondence sent and received by Shona Robison/her office about emergency spending controls, including internal, and also minutes/meetings held by her about the same topic, between August 5 2024 and September 5 2024.
Response
While our aim is to provide information whenever possible, in this instance we have only been able to partly provide the information you have requested as found in the supporting Annexes to this letter.
The annexes are made up as follows –
Annex A – FM Meeting – 24-25 Position – Minutes & Actions Annex B – Emergency Spending Controls (including initial email and FMD submission with recommended note for Cabinet Secretaries) Annex C – Lines in response to Times article on emergency controls Annex D – In Scope Extracts from Otherwise Out of Scope Documents Annex E – Saltire Article on emergency spending controls (including initial email and draft article) Annex F – Marketing Annex G – Meeting Note – Finance officials update & consequentials Annex H – Letter from ILF Annex I – Submission re: Application of emergency controls for SNIB (including initial email and submission) Annex J – Fiscal Statement briefing pack Annex K – One page brief on emergency controls Annex L – Media lines for clearance Annex M – Response from Cabinet Secretary for Health & Social Care to Letter from ILF (included at Annex H)
With regard to the letter of 27th August 2024 from the Chair of the Board of ILF Scotland to the Cabinet Secretary for Health and Social Care that is included with this response (Annex H), we have provided a copy of the Cabinet Secretary's reply of 25th September 2024 (Annex M). This response makes clear that the Cabinet Secretary did not intend to ask for the funds ILF Scotland operate to be closed or suspended. I trust you will find this additional context helpful.
Exemptions have been applied to parts of the information requested under sections 25(1), 29(1)(a), 30(b)(i), 30(b)(ii) and 38(1)(b) of FOISA. A description of each of these is provided below, along with our reasoning for applying them.
An exemption under section 25(1) of FOISA (information otherwise accessible) applies to some of the information requested because it relates to information on the emergency spending controls already otherwise accessible or previously released under other FOI requests. Links to this information is provided below.
Scottish Government Pre-Budget Fiscal Update: Letter to Finance Committee
Fiscal pre-budget update: Cabinet Secretary for Finance - 3 September 2024
Cabinet Secretary of Finance letter referencing Resource and Capital Budgets: FOI release
CCPS Letter to Cabinet Secretary for Finance and Local Government
SCVO Letter to Cabinet Secretary for Finance and Local Government
An exemption under section 38(1)(b) (personal data relating to a third party) of FOISA applies to some of the information you have requested.
Exemptions under section 30(b)(i) (Substantial inhibition to free and frank provision of advice) and section 30(b)(ii) (Substantial inhibition to free and frank provision of views) of FOISA applies to some of the information you have requested because it relates to the exchange of views and advice for the purposes of discussion and deliberation in the normal course of government business. There needs to be an environment whereby opinions and options can be discussed freely on financial matters to inform decision making. Disclosure of such exchanges is likely to inhibit such helpful discussions and deliberations going forward.
An exemption under section 29(1)(b) (Ministerial communications) of FOISA applies to some of the information you have requested because it relates to proceedings of the Scottish Cabinet (or of any committee of that Cabinet).
Exemptions under sections 25(1), 30(b)(i), 30(b)(ii) and 29(1)(b) are all 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. While we recognise that there is a public interest in disclosing information as part of an open, transparent and accountable government we consider in this instance that this is outweighed in terms of public interest by the need to allow Ministers a space where they can freely consider and discuss the policy options available to them.
This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the further savings are to be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
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 have been applied to parts of the information requested under sections 25(1), 29(1)(a), 30(b)(i), 30(b)(ii) and 38(1)(b) of FOISA. An exemption under section 25(1) of FOISA (information otherwise accessible) applies to some of the information requested because it relates to information on the emergency spending controls already otherwise accessible or previously released under other FOI requests. Scottish Government Pre-Budget Fiscal Update: Letter to Finance Committee Fiscal pre-budget update: Cabinet Secretary for Finance - 3 September 2024 Cabinet Secretary of Finance letter referencing Resource and Capital Budgets: FOI release CCPS Letter to Cabinet Secretary for Finance and Local Government SCVO Letter to Cabinet Secretary for Finance and Local Government An exemption under section 38(1)(b) (personal data relating to a third party) of FOISA applies to some of the information you have requested. Exemptions under section 30(b)(i) (Substantial inhibition to free and frank provision of advice) and section 30(b)(ii) (Substantial inhibition to free and frank provision of views) of FOISA applies to some of the information you have requested because it relates to the exchange of views and advice for the purposes of discussion and deliberation in the normal course of government business. An exemption under section 29(1)(b) (Ministerial communications) of FOISA applies to some of the information you have requested because it relates to proceedings of the Scottish Cabinet (or of any committee of that Cabinet).