Cabinet Secretary for Net Zero, Energy and Transport 2022 trip to Brussels: FOI release

Information requested

All briefing documents prepared in advance of Cabinet Secretary for Net Zero, Energy and Transport Michael Matheson's trip to Brussels on 24 and 25 October 2022, and all minutes/notes of meetings which occurred during the trip.

Response

I have included copies of the information you have requested. Please find briefing materials enclosed in attachments 1 and 2, and meeting notes in attachment 3.

An exemption under section 38(1)(b) of the Freedom of Information (Scotland) Act (FOISA) applies to some of the information you have requested. Section 38 of FOISA contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is:

• the personal data of the person requesting the information (section 38(1)(a));
• the personal data of a third party (section 38(1)(b));
• personal census information (section 38(1)(c)); or
• a deceased person's health record (section 38(1)(d)).

The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the UK General Data Protection Regulation and the Data Protection Act 2018.

An exemption under section 33(1)(b) of the Freedom of Information (Scotland) Act (FOISA) applies to some of the information you have requested. Section 33 of FOISA contains four distinct exemptions. Information may be withheld if:

• it is a trade secret (section 33(1)(a));
• disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation (section 33(1)(b));
• disclosure would (or would be likely to) prejudice substantially the economic interests of the whole or part of the UK (section 33(2)(a)); or
• disclosure would (or would be likely to) prejudice substantially the financial interests of an administration in the UK (section 33(2)(b)).

An exemption under section 32(1)(a) of the Freedom of Information (Scotland) Act (FOISA) applies to some of the information you have requested. Under section 32(1)(a) of FOISA, information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially:

• relations between the UK and any other State;
• relations between the UK and any international organisation or international court;
• the interests of the UK abroad; or
• the promotion or protection by the UK of its interests abroad.

In this instance, briefing material and meeting notes containing comment from EU institutions on UK/EU engagement and on unfinalised EU/UK agreements have been redacted. This information has been withheld as its publication could impact relations between the UK and international organisations.

These exemptions are 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.

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.

FOI 202200326854 - Information Released - Attachments 1 to 3

File type

69 page PDF

File size

1.1 MB