Minutes of Former First Minister's meetings: FOI release

Information requested

Please provide the following information:

• Copies of all the minutes for the 28 meetings referenced in the response to FOI request 202300373908 (all meetings attended by the First Minister between 1st July and 30th August).
• Copies of all the minutes of meetings attended by the First Minister between 1st September and present date.
• Copies of all the minutes of meetings attended by the First Minister from January 1st 2023 and the end of June 2023.

Response

Your further request had three parts. This response covers each of these three parts in turn.

With regards to part 1, I enclose a copy of the minutes that we are in a position to release. You will find that certain exemptions have been applied and the documents have been duly redacted in line with these exemptions. You will also note that while the vast majority of the 28 meetings covered in part 1 of your request have been released, a small quantity of documents could not be released due to the application of exemptions. The documents that I am in a position to release cover a wide range of policy areas. You will note some parts have had redactions. These have been undertaken through the application of exemptions in line with regards Freedom of Information (Scotland) Act 2002 (FOISA) section 30(b)(i) ‘the Free and Frank provision of advice’, section 30(b)(ii) ‘the Free and Frank exchange of views’, section 32 (1)(a)(i) ‘Relations between the UK and any other state’, section 33 (1)(b) ‘Commercial interests’ and section 38(1)(b) ‘Personal Information’. The reasons why that exemption(s) applies are explained in the Annex A to this letter, which includes a summary of which exemptions have been applied to each of the 28 documents in scope.

With regards to both parts 2 and 3 of your request, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested from part 2 and 3 of your question would exceed the upper cost limit of £600. The reason for this is that a general request for the release of First Minister (FM) meetings with no specific detail in terms of policy or subject matter, requires an internal process that would require to cover all policy areas of the Scottish Government. To locate and retrieve that information we would need to conduct a search of all of the records of every department. The Scottish Information Commissioner’s Decision 162/2012 found that any such search that requires an “SG wide trawl” would fall under a Section 12 exemption. Under Section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter(s) of the minutes you are interested in, the timeframe in request and restrict your request to a specific business area of the Scottish Government, as this would allow us to limit the searches that would be required to be conducted. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at:
http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

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 FM minutes would typically be released. However, this is outweighed by the public interest in controlling excessive costs.

Annex A

EXEMPTIONS APPLIED

Section 38(1)(b) – Personal Information

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies as it related to personal data of a third party (i.e. names, job titles, email addresses, telephone numbers) and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

Section 33(1)(b) – Commercial interests

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of individuals/company(ies) providing services. Some contracts are still current and commercially confidential. Disclosing this information could “significantly harm their commercial business” and could “cause reputational damage”.

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. Although there is a public interest in being transparent with the public purse there is a stronger interest in the ability to ensure that the Scottish Government can gain best value contracts and can consult freely with commercial entities. We have found that, on balance, the public interest lies in favour of upholding the exemption.

Section 30(b)(i)/(ii) – Free and frank exchange of advice/views for the purposes of deliberation

An exemption under section 30(b)(i)/(ii) of FOISA (free and frank exchange of advice and views) 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 advice and 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. Disclosing the content of free and frank discussions on Freedom of Information Requests will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue.

We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s position on information released under Freedom of Information, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

Section 32(1)(a)(i) – International relations

An exemption under section 32(1)(a)(i) of FOISA (international relations) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and other States. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States. There is a vital public interest in allowing Scottish Ministers and officials a private space within which to engage in full and frank discussions with their counterparts in other States/international organisations. Such discussion makes for better quality and better informed policies and decisions on issues with an international dimension and aids the protection and promotion of UK interests abroad. Inappropriate disclosure is likely to damage other States' confidence and trust in the UK and thus undermine future discussions and international relations more generally.

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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in ensuring that the UK Government is able to maintain good relations with other States or international organisations, in order to protect and promote UK interests abroad.

Section 29(1)(a) – Formulation or development of government policy

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Information is exempt under this section if it relates to the formulation or development of government policy. This means any policy of the Scottish Administration.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether these discussions will be disclosed in the near future, when it may undermine or constrain the government’s view on policies while they are still under discussion and development.

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 202300376635 - Information Released - Table of Documents

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2 page PDF

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125.5 kB

FOI 202300376635 - Information Released - Attachments

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PDF

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2.0 MB