Angus Robertson's meetings: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meetings:

1a) Angus Robertson's meeting with Simon Coveney on September 7, 2022.
1b) Angus Robertson's meeting with Jacob Rees-Mogg on September 28
1c) Angus Robertson's meeting with Tim Davie on October 24.

Response

I attach a copy of some of the information you requested.

An exemption under section 38(1) (b) of FOISA (personal information) applies to some the information you have requested as this covers the personal information of officials from the administrations involved.

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. Exemptions under section(s) 28 (substantial prejudice to relationships within the United Kingdom) 30 (b) (i) (substantial inhibition to the provision of advice) and section 30 (b) (ii) (substantial inhibition of free and frank exchange of views for the purposes of deliberation) of FOISA applies to some of the information you have requested as this includes details of sensitive ongoing negotiations and information shared in the expectation that it would be considered private.

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 to provide for transparency and informed debate. However, this is outweighed by the public interest in protecting a private space for ministers to receive advice and hold discussions with the BBC, UK Government, Irish Government and British Irish Association.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

An exemption under section 29(1)(a) of FOISA (formulation and development of policy) applies to some of the information requested because it relates to the early stages of development of a policy. 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 as part of open and transparent government and to inform public debate. However, this is outweighed by the public interest
in protecting a space for options to be considered, tested, and developed.

An exemption under section 29(1)(d) of FOISA (operation of a ministerial private office) applies to some of the information requested because it includes the internal contact details of ministers from several administrations.

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 as part of open and transparent government. However, this is outweighed by the public interest in upholding the established process in each administration for handling ministerial correspondence.

In relation to this, contact details for the organisations involved can be found here:
Contact - gov.scot (www.gov.scot)
Contact the Welsh Government | GOV.WALES
Contact | Northern Ireland Executive
Cabinet Office - GOV.UK (www.gov.uk)
Contact Us - Department of Foreign Affairs (dfa.ie)
Contact Home | Contact the BBC

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 202300338470 - Information released

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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