Correspondence mentioning Donald Trump: FOI release

Information requested

All correspondence mentioning Donald Trump received and sent by the Scottish Government between June 1 2023 and the date of this FOI.

Response

I enclose a copy of most of the information you requested.

Some of the information you have requested is available from our website here: Appointment of Jamie Hepburn as Minister for Independence: FoI release - gov.scot (www.gov.scot). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Exemptions under section 38 (1) (a) (Personal information of the applicant) and 38 (1) (b) (Personal information of third parties) of FOISA applies to some the information you have requested as this covers the names and contact details of correspondents with the Scottish Government, and Scottish Government staff.

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 section 30 (c) (other substantial prejudice to the effective conduct of public affairs) of FOISA applies to a small amount of the information you have requested as this includes threatening language, directed at figures outside the Scottish Government, received by the Scottish Government. Although the Scottish Government does not necessarily share or endorse all the views presented to it, the Scottish Government does not consider it appropriate to use the platform of FOI to share this threatening language.

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 in the interests of transparency and openness. However, this is outweighed by the public interest in not providing a platform for inappropriate and threatening communications.

An exemption under section 30 (b) (ii) (substantial inhibition of free and frank exchange of views), 27 (1) (material intended for future publication) and section 28 (substantial prejudice to UK relations) of FOISA applies to a small amount of the information you have requested as this covers a draft report and deliberations on a draft report privately shared with the Scottish Government.

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 in the interests of transparency and openness. However, this is outweighed by the public interest in protecting a private space for the Scottish Government and Home Office to exchange information and views.

You may wish to note that, although the withheld information is in a document mentioning Donald Trump, none of the information withheld under section 30 (b) (ii) and section 28 relates to Donald Trump.

We do endeavour to provide information whenever possible. However, under section 18(1) of FOISA, a public authority may refuse a request where:
- if the information existed and was held by the authority, it would be exempt from release under any of sections 28 to 35, 38, 39(1) or 41 of FOISA; and
- the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, if sensitive correspondence relating to Donald Trump and Unexplained Wealth Orders that would be included in your request did exist or was held by us, an exemption under section 35 (1) (a) (prevention or detection of crime) of FOISA would apply to that information- insofar as any such investigation relates to serious crimes and 30 (c) (other substantial prejudice to the effective conduct of public affairs) insofar as any such investigation relates to investigating a politically exposed person. This exemption would apply because this would prejudice the process of using or considering the use of Unexplained Wealth Orders. We also consider that to reveal whether the information you have requested exists, or is held by the Scottish Government, would be contrary to the public interest. For these reasons, we are refusing your request under section 18(1) of FOISA insofar as it refers to sensitive correspondence relating to Donald Trump and Unexplained Wealth Orders.

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 202300377498 - Information released - Attachments

File type

39 page PDF

File size

1.3 MB