FOI/202400426988 · FOI · partially withheld
First Minister meeting with Deputy Prime Minister regarding the Winter Fuel Payment: FOI release
Information requested
All meeting agendas, notes and information referencing the Winter Fuel Payment from the meeting held between First Minister John Swinney and Deputy Prime Minister Angela Rayner on 15 August 2024 in Edinburgh.
Response
I enclose a copy of some 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 exemptions under sections s.28(1) (relations within the UK), s.30(b)(ii) (free and frank provision of advice) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why those exemptions apply are explained below.
An exemption under sections S.38.1(b) of FOISA applies to information within Document 1, 2, 3, 5 and 6. This is in relation to personal information. 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.
An exemption under S.28(i) applies to some information in Document 4. 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 of interest in open and transparent government. However, this is outweighed by the effect on the relationship between governments.
An exemption under S.30(b)(ii) applies to information in Document 5. 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 of interest in open and transparent government. However, this is outweighed by the public interest in allowing Ministers and officials private space to explore and refine the Government's position and that disclosing the content of free and frank discussions on this issue will substantially inhibit such discussions in the future.
An exemption under S.30(b)(ii) applies to information in Document 6. 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 of interest in open and transparent government. However, this is outweighed by the public interest in allowing Ministers and officials private space to explore and refine the Government's position and that disclosing the content of free and frank discussions on this issue will substantially inhibit such discussions in the future.
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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 exemptions under sections s.28(1) (relations within the UK), s.30(b)(ii) (free and frank provision of advice) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why those exemptions apply are explained below. An exemption under sections S.38.1(b) of FOISA applies to information within Document 1, 2, 3, 5 and 6. 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. An exemption under S.28(i) applies to some information in Document 4.