Former First Minister's meeting with Jordanian Ambassador and budget proposals: FOI release

Information requested

1. Full list of who Humza Yousaf sent Christmas cards to.

2. Minutes and notes from Humza Yousaf's meeting with Jordanian Ambassador Manar Dabbas on December 18, including whether a UK Government official sat in on the meeting.

3. All correspondence, including internal correspondence, sent and received by the Scottish Government which organised the meeting with Mr Dabbas.

4. Why were the Scottish Government's budget proposals delivered late to opposition MSPs and what time did they receive it at? As mentioned by Liz Smith at Holyrood.

Response

1. The Scottish Government is due to publish First Minister Christmas list for Cards 2023 on 9 February 2024.

2. A draft version of the meeting note is attached, exemptions have been applied to some of the information. There was no UK government official in attendance during this meeting.

3. Two email threads (attached) include internal and external correspondence covering arrangements for the meeting with Ambassador Dabbas.

4. A redacted version of the budget statement was provided to opposition spokespeople prior to being delivered, as is a courtesy provided by the Scottish Government.

Exemptions apply

Exemptions under sections S.27(1), S.30(b), S.32(1)a and S.38(1)b of FOISA apply to some of the information you have requested. Further information on the exemptions applied can be found below.

Section 27(1)

An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release some of this information before the planned publication date.

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 because people may be interested to know who the First Ministers sent Christmas cards to, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned.

Section 30 (b)

An exemption under section 30(b)(i) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers or other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on meetings with foreign governments will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive or controversial issues.

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 a private space within which officials can provide full and frank advice to Ministers or other officials as part of the considerations around meeting with foreign governments.

Section 32 (1) a

An exemption under section 32 (1 ) (a) of FOISA applies to some of the information you have requested. The Scottish Government cannot release the requested information in case of substantial prejudice to international relations.

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 this release because the public will be interested in correspondence and discussions between the Scottish Government and another government. However, this interest would be outweighed by the essential need (and therefore public interest) in ensuring that good diplomatic relations are maintained with another country by respecting the confidentiality with which discussions and correspondence were undertaken.

This exemption has also been applied to some text held within the meting note you requested. We have determined that the release of this information could also risk damaging international relations, and therefore found that when subjected to the public interest test, the exemption should be upheld.

Section 38 (1) b

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. This is because it is personal data of a third party, ie 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

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 202300391238 - Information released - Attachments 1 - 3

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21 page PDF

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268.4 kB