First Minister meetings and engagements: FOI release

Information requested

1. All minutes, notes and briefings from Humza Yousaf and Angus Robertson's meeting with German ambassador Miguel Berger in October.

2. All minutes, notes and briefings from Humza Yousaf's meeting with NFU Scotland in October.

3. How many meetings did Humza Yousaf hold in the week beginning October 30 with businesses or organisations, and minutes and notes prepared from all of these.

4. At FMQs on September 28, Humza Yousaf said:
"The future of the north-east is as a net zero capital, not the oil and gas capital. "It is transitioning from that to a net zero capital. That is the future that I want to see for the northeast... that is why we have invested £500 million in the Just Transition Fund."

• Could you provide the evidence for this or has Humza Yousaf corrected the record?
• All internal correspondence within the Scottish Government about this statement he made between September 28 and the date of this FOI.

5. All minutes, notes and briefings from Humza Yousaf's meeting with the Muslim Council of Scotland in November. Are they blacklisted by the UK Government?

6. All minutes, notes and briefings from Humza Yousaf's meeting with Husam Zomlot on November 17.

7. Did the Scottish Government pay for Nadia El-Nakla's trip to Turkey to attend a summit for national leaders’ spouses in Istanbul on November 15? Full costs of this if they did.

All correspondence received and sent by the Scottish Government, including internally, about this summit between November 1 2023 and the date of this FOI.

Response

Response to your request:

In response to question 1, I enclose a copy of some of the information you requested, please find enclosed the information at Annex B of this response. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under s.30(b)(i)(free and frank provision of advice), s.32 (international relations) and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

In relation to question 2, I enclose a copy of some the information requested at Annex C of this response. We are unable to provide all of the information you have requested because exemptions under s.30(b)(i)(free and frank provision of advice) and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

With regards to question 3, I can confirm the First Minister undertook 4 separate meetings with businesses or organisations across the week commencing 30th October. Further information in scope of this request is available at Annex D. We are unable to provide some of the information requested because sections s.32 (international relations) and s.38(1)(b)(personal information) applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

In relation to question 4, our 10-year £500 million Just Transition Fund is supporting projects and communities across the North East and Moray to create jobs, promote innovation, and secure the highly skilled workforce of the future.

£75 million of the Fund has been allocated to date. In Year 1, we announced a £50 million capital grant programme supporting 24 projects which are now providing training opportunities, giving direct support to businesses, and supporting communities across the region to transition to net zero. In Year 2 we have also allocated a further £25 million to the Scottish National Investment Bank for 2023-24, to be invested in the North East and Moray on a commercial basis in line with the Bank’s Investment Strategy and its Missions, including to support a Just Transition to net zero.

Regarding part 2 of this question, I enclose a copy of some of the information you requested, please find enclosed the information at Annex E of this response. We are unable to provide some of the information you have requested because exemptions under s.30(b)(i)(free and frank provision of advice), and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

In response to question 5, I can confirm the Scottish Government holds no information in scope, the First Minister did not meet the Muslim Council of Scotland in the timeframe referenced. In relation to part 2 of this question, I would invite you to contact the UK Government direct to seek clarity on the UKG position on particular organisations.

With regards to question 6, I enclose a copy of some of the information you requested, please find enclosed the information at Annex F of this response. We are unable to provide some of the information you have requested because exemptions under s.30(b)(i)(free and frank provision of advice), s.32 (international relations) and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

In response to part 1 of question 7, I can confirm that Ms El-Nakla attended the event as a private citizen and without any official or financial support from the Scottish Government. In response to the second part of your question, I enclose a copy of some of the information you requested, please find enclosed the information at Annex G of this response. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under s.30(b)(i) (free and frank provision of advice), s.32 (international relations) and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

ANNEX A
REASONS FOR NOT PROVIDING INFORMATION

Section 30(b)(i) – Free and Frank Provision of advice

An exemption under section 30(b)(i) – Free and Frank provision of advice applies to some of the information requested. The exemption applies because disclosure would, or would be likely to, substantially inhibit the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government comes to a final decision.

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 allowing Ministers and officials a private space within which to consider various factors relating to international engagement so that sound policy decisions can be taken.

Section 32(1)(a)(i) (international Relations)

An exemption under section 32(1)(a)(i) (international relations) applies to some of the information requested. This exemption allows authorities to withhold information where disclosure would, or would be likely to, prejudice substantially international relations. In this case disclosing information relating to sensitive matters such as the on-going conflict in the middle east would substantially prejudice relations between the United Kingdom and the Government’s of Germany, Turkey and Palestine respectively.

The dialogue and exchange of information were entered in to with the Scottish Government on the understanding that it would be treated as being in confidence. If the Scottish Government does not respect this confidence, the UK Government’s relations with other states and its ability to protect and promote UK interests will be substantially prejudiced. Foreign Governments are likely to be more reluctant to enter in to discussions with Scotland or other parts of the United Kingdom in future, which would reduce both the frequency and openness of communications with the UK.

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 exception. 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 Foreign Governments, in order to protect and promote UK interests. There can be no public interest in jeopardising those relations by the Scottish Government disclosing this information. There is also 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. 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.

Section 38(1)(b) – Personal information

An exemption under section 38(1)(b) applies to some of the information requested because it is personal data of a third party (i.e. names/contact details of individuals), 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.

About FOI

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FOI 202300386069 - Information Released - Annex B to Annex G

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