FOI/202600501723 Review of 202500497433 · FOI · partially withheld
Information on the potential role expansion for firefighters: FOI Review
Information requested
Original request 202500497433
1) "The analysis of the potential costs and economic benefits of a potential role expansion for firefighters" mentioned in answer S6W-42154.
2) Any briefing on this provided to Scottish Government Ministers, Civil Servants or the Scottish Fire and Rescue Service Strategic Leadership Team.
3) Agendas, minutes, notes, emails, correspondence, letters, texts, messages on phone apps, (including encrypted apps), notes of phone calls etc. relating to the cost/benefit analysis mentioned.
Response
I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) requesting a review.
Your original request
1) "The analysis of the potential costs and economic benefits of a potential role expansion for firefighters" mentioned in answer S6W-42154
2) Any briefing on this provided to Scottish Government Ministers, Civil Servants or the Scottish Fire and Rescue Service Strategic Leadership Team.
3) Agendas, minutes, notes, emails, correspondence, letters, texts, messages on phone apps, (including encrypted apps), notes of phone calls etc. relating to the cost/benefit analysis mentioned.
Your review request
“I believe the release of the economic case for role expansion is fundamental to understanding why funding has not been provided to allow it to proceed.
Releasing the economic assessment does not in anyway inhibit free and frank discussion or policy development.”
Our response
I have concluded that the original decision should be confirmed with modifications.
I refer to the exemptions in question at review:
-29(1)(a) Formulation or development of Scottish Government policy -30(b)(i)(free and frank provision of advice) -30(b)(ii)(free and frank exchange of views)
Upon conducting my review I have determined that 29(1)(a) no longer applies as this was applied incorrectly. However, some of the information is still considered to be sensitive and is now appropriately withheld under 30(b)(i) or 30(b)(ii) instead.
Therefore, this is a formal notice that 30(b)(i) applies to some of the information you have requested. We recognise that there is some public interest in release due to the implications of the modernisation of the fire fighter role, and the timetable for managing these negotiations. However, this is outweighed by the public interest in ensuring policy discussions are not compromised as well as ensuring appropriate advice and discussion can take place within the Scottish Government regarding policy. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view.
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) also 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 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. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because there is a greater public interest in protecting the space for the effective sponsorship of a major public body, such as the SFRS, as well as the development of government policies and, ultimately, the effective conduct of public affairs.
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.
Therefore, you will note the documentation contains information redacted with two of the original exemptions raised at review applied including 30(b)(i)(free and frank provision of advice); 30(b)(ii)(free and frank exchange of views) and also 38(1)(b) personal data relating to a third party. Please note I have not included some documentation as they are duplicates of the other documents provided as part of your response.
We do also recognise there is a public interest in disclosing information as part of open, transparent and accountable government. With this in mind, I have concluded to release the documents withheld in the first response which you will see attached to your response.
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
I refer to the exemptions in question at review: -29(1)(a) Formulation or development of Scottish Government policy -30(b)(i)(free and frank provision of advice) -30(b)(ii)(free and frank exchange of views) Upon conducting my review I have determined that 29(1)(a) no longer applies as this was applied incorrectly. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) also 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.