Correspondence regarding members of the Former First Minister's family and human rights concerns: FOI release

Information requested

1. Could you supply an average employment contract for a Scottish Government civil servant?

2. Could you supply the rules surrounding whether the spouse or family member of the First Minister is allowed to hold interviews with the media in Bute House?

3. Could you supply any correspondence, briefings, minutes or notes, held by the Scottish Government about Nadia El-Nakla's meetings with other first ladies on November 15, between October 1 2023 and [22 January]?
-Can you include any correspondence setting up this summit, and also any costs to the Scottish Government of her attendance there?

4. Could you supply any correspondence, briefings, minutes or notes, held by the Scottish Government about the arrest and subsequent charging of Ramsay El-Nakla, between January 10 2024 to the date of this FOI?

5. Could you publish a list of occasions on which Humza Yousaf has previously raised human rights concerns with foreign dignitaries [since becoming First Minister]?

Response

In relation to question 1 I enclose a copy of our standard external contract.

In relation to question 2 there is no specific guidance in relation to the use of the First Minister’s official residence by a spouse or family member of the First Minister. This is a formal notice under section 17 of FOISA that the Scottish Government does not hold the information you have requested. However, you may be interested in the Scottish Ministerial Code [found here: Scottish Ministerial Code: 2023 Edition - gov.scot (www.gov.scot) ]. This sets out that: "government property should not generally be used for constituency work or party activities. A particular exception is recognised where a building has been designated as the First Minister's official residence. Where Ministers host party or personal
events in the First Minister's official residence, it should be at their own or at party expense, with no cost falling on the public purse."

In relation to question 3 I enclose a copy of some of the information you requested.

An exemption under section 27 (1) (Information intended for future publication) of FOISA applies to some the information you have requested as the Scottish Government will publish correspondence between 1st September and 12 January in an upcoming FOI release.

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 interest of transparency. However, this is outweighed by the public interest in efficiently handling freedom of information requests.

An exemption under section 29 (1) (d) (Operation of a ministerial private office) of FOISA applies to a small amount of the information you have requested as this includes internal addresses used by 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. However, this is outweighed by the public interest in maintaining the effective functioning of ministerial offices.

Exemptions under section 30 (b) (i) (substantial inhibition of free and frank advice) and Section 30 (b) (ii) (Substantial inhibition of free and frank exchange of views for the purposes of deliberation) of FOISA applies to some of the information you have requested. This is in recognition of the need to allow Ministers private space for discussion and consideration of advice.

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 public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, for the information which has been withheld, this is outweighed by the public interest in maintaining a private space to seek and receive advice, and to consider options to inform good policy decisions. Disclosure of this material is likely to undermine the full and frank discussion of issues between and with Ministers, which in turn will undermine the quality of the policy- and decision-making process.

A small amount of the information you have requested is an article published by the Guardian and can be found here: Nadia El-Nakla, wife of Humza Yousaf, urges ministers to let her host Palestinian brother| Israel-Gaza war | The Guardian. 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 listed, then please contact me again and I will send you a paper copy.

An exemption under section 38 (1) (personal information) of FOISA applies to some of the information you have requested as this includes names and contact details of Scottish Government employees.

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.

There are no direct costs to the Scottish Government of Ms El-Nakla's attendance at this summit. However you may be interested in the entry in the First Minister's register of interests that notes: ‘The First Minister’s wife, Nadia El-Nakla, attended a “United for Peace in Palestine” summit of leaders’ spouses which called for a ceasefire in Istanbul on 15 November 2023, at the invitation of the first lady of Turkey, Emine Erdoğan. The costs of Ms El-Nakla’s travel and local costs were met by the Turkish Government.’

You can find information on this here: List of ministers' interests - gov.scot (www.gov.scot).

While our aim is to provide information whenever possible, the Scottish Government does not hold information in indirect costs, such as responding to freedom of information requests, as these are only separately calculated if it is considered likely that the cost limit will be engaged. This is a formal notice under section 17 of FOISA that the Scottish Government does not hold the information you have requested.

In relation to question 4 while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested as this is an operational matter for law enforcement. This is a formal notice under section 17 of FOISA that the Scottish Government does not hold the information you have requested.

In relation to question 5 the First Minister has raised human rights concerns:

• With the Consul General of China (16 January 2024)
• With the High Commissioner of India (28 September 2023)
• With the minister for Environment and Climate Change of the UAE (4 December 2023)
• With the head of the Palestinian Mission to the UK (13 December and 17 December 2023)

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 202400394712 - Information released - Attachments 1 & 2

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