Repatriation of museum exhibits and the Former First Minister meeting with Turkish president: FOI release

Information requested

1. All correspondence and discussions, including internal emails, the Scottish Government holds about the repatriation of Paiwan tribesmen skulls sent back to Taiwan by the University of Edinburgh, from January 2023 to the date of this FOI?
-if too much reduce the dates to July 2023 to the date of this FOI.

2. All briefings held by the Scottish Government, as well as notes and minutes, about Humza Yousaf's meeting with Turkish president Erdogan at Cop28.

3. All discussions (including minutes and notes) Scottish Government holds regarding the repatriation of museum exhibits, from between July 2023 and the date of this FOI.

4. How much has the Scottish Government and its quangos spent on repatriating exhibits to foreign countries in 2021, 2022 and 2023, with a breakdown of what the money was spent on?

Response

Regarding point 1 of your request for all correspondence and discussions held by the Scottish Government about the repatriation of Paiwan tribesmen skulls, while our aim is to provide information whenever possible, the Scottish Government does not hold any correspondence on the repatriation of Paiwan tribesmen skulls.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Regarding point 2 of your request for all briefings held by the Scottish Government on the subject of the First Minister's meeting with President Erdogan at COP28, please find the attached document. However, please note that the document is still in a draft state - it was never finalised, it was not cleared by senior officials nor used to brief the First Minister ahead of his meeting with President Erdogan.

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 an exemption under section s.32(1)(a) (international relations) of FOISA applies to that information. The reasons why that exemption applies are explained in Annex A to this letter.

Regarding your request for the "notes and minutes" on the same subject, these have been released as part of another request made under FOISA and can be found at https://www.gov.scot/publications/foi-202400393282/.

Regarding point 3 of your request for all discussions held by the Scottish Government on the repatriation of museum exhibits, please find the attached document.

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 sections 30(b) (free and frank provision of advice); 32(1)(a) (international relations); and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in Annex A to this letter.

Regarding point 4 of your request for how much has the Scottish Government and its quangos have spent on repatriating exhibits to foreign countries in 2021, 2022 and 2023, the Scottish Government provided £300,000 in 2023 for the return of the Ni’isjoohl memorial pole to its place of origin in the Nisga’a Nation in Canada. Please see the table below which shows the breakdown of the funding.

Deinstallation	Cost
De-installing surrounding gallery to enable removal	£5,000
Conservation documentation and care during move	£20,000
Deinstall of pole at the Museum and road closure	£160,500
Fire door surround removal and replacement	£51,000
Road closure	£2,500
Delegation x6 (as pole comes down)	£14,000

 

Object Movement	Cost
International transport	£35,000
Insurance and customs costs	£1,000
NMS couriers x 1 plus one other	£4,640

Annex A

Exemptions

An exemption under section 30(b), which covers substantial inhibition of free and frank provision of advice, applies to some of the information you have 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 before the Scottish Government reaches a settled public view. This exemption is subject to the 'public interest test'. Taking account of all the circumstances of this case, we considered if the public interest in disclosing the information outweighed the public interest in applying the exemption. We found that, on balance, the public interest lay in favour of upholding the exemption.

An exemption under section 32(1)(a), which covers the UK’s international relations or interests abroad, applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the UK and any international organisation. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other states. 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 in order to protect and promote UK interests and maintain good relations with other states.

An exemption under section 38(1)(b) (personal data of a third party) of FOISA applies to some of the information you have requested, as disclosure would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation. The Scottish Government has a general approach of withholding information about junior members of staff. This exemption means that the names and contact details of Scottish Government employees below Senior Civil Service roles meet the requirements set out in section 38(1)(b). Additionally, we have redacted information in the documents that would lead to some individuals outside of the Scottish Government being identified. 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.

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FOI 202400392044 - Information released - Attachments

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74 page PDF

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