Former First Minister call with President of Turkey: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

All communication - internal within the Scottish Government, between the Scottish Government and the Turkish president's office and between the Scottish Government and the FCDO - in relation to the "new year phone call" offered by President Erdogan to the First Minister referenced in the below comment. For the avoidance of doubt, this should include all electronic communication including emails, WhatsApps or any other messaging service; minutes of meetings or phone calls; and handwritten notes.

Response

I enclose a copy of some of the information you requested in the PDF attached.

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 exemptions under sections s.28(1) (substantial prejudice to UK relations), s.30(b)(i) (substantial inhibition to free and frank provision of advice), s.30(b)(ii) (substantial inhibition to free and frank exchange of views), s.32(1)(a (substantial prejudice to international relations) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Exemptions under sections s.28(1), s.30(b)(i), s.30(b)(ii), s.32(1)(a) and s.38(1)(b) of FOISA apply to some of the information you have requested. S.28(1) applies because some of the information relates to sensitive communications between the Scottish Government and the UK Government. S.30(b)(i) and s.30(b)(ii) apply because some of the information relates to the free and frank exchange of views in order to provide advice to ministers and in order to deliberate important issues. S.32(1)(a) applies because some of the information requested relates to international relations and would likely prejudice substantially relations between the UK and another state. S.38(1)(b) applies because some of the information contains personal data of a third party.

Exemption s.38(1)(b) 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.

The other exemptions mentioned are 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 of interest in open and transparent government and current heightened media interest in the Scottish Government’s international activity. However, this is outweighed by the public interest in officials, ministers and special advisors being able to deliberate and exchange views prior to providing advice on important topics and agreeing accurate responses to media inquiries. It is also outweighed by the public interest in the Scottish Government being able to build strong relationships with other countries. It is also outweighed by public interest in preventing harm to relations between the Scottish Government and the Foreign, Commonwealth and Development Office.

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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