FOI/202400430988 · FOI · partially withheld
Orkney Islands Council - Alternative governance considerations motion: FOI release
Information requested
Any and all correspondence (including attachments and appendixes) which have been sent or received by Scottish Government and Scottish Ministers regarding the alternative governance considerations encompassed by the motion passed by councillors in Orkney Islands Council on 4 July 2023.
Response
I enclose a copy of all 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 of an exemption under section S.30(b)(ii) - Free and frank exchange of views of FOISA applies to that information. The reasons why that exemption applies are explained below.
The exemption S.30(b)(ii) of FOISA applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to other officials and Ministers 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 to understand all considerations when agreeing the Scottish Government position on the council motion. However, this is outweighed by greater public interest in maintaining the process of achieving collective responsibility within which policy and stakeholder positions can be explored between officials and with Ministers. This private space also allows for all options to be properly considered, so that good decisions can be taken in ways which deliver maximum benefit for people. Disclosing is likely to undermine the full and frank discussion of issues between officials and Ministers, which in turn will undermine the quality of responses and decision-making.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://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 of an exemption under section S.30(b)(ii) - Free and frank exchange of views of FOISA applies to that information. The reasons why that exemption applies are explained below. The exemption S.30(b)(ii) of FOISA applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to other officials and Ministers before the Scottish Government reaches a settled public view. This exemption is subject to the 'public interest test'.