FOI/202400436871 · FOI · partially withheld
Correspondence regarding Scottish Labour leader comments on Housing Minister: FOI release
Information requested
All correspondence (including emails) since 24 September in relation to the topic of Labour leader Anas Sarwar calling for Paul McLennan to be sacked from his role as Housing Minister.
Response
I enclose a copy of the information you requested.
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. 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. 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 because there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. . However, this is outweighed by the public interest in providing a space for Ministers and officials to have a private space within which issues can be explored and refined to reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken.
An exemption under section 38(1) of FOISA applies to some of the information you have requested as it relates to the personal data of a third party. 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.
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Detected exemption language
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. 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.