Meetings the First Minister has attended between and including - 1st October 2023 and 31st January 2024: FOI release

Information requested

1. A list of meetings the First Minister of Scotland has attended between and including - 1st October 2023 and 31st January 2024. 

2. A list of these meetings that have minutes available as to their content.

3. A list of these meetings that do not have minutes available or minutes are not being provided for public viewing. Subsequently why these minutes are unavailable or not being released for public viewing?

Response

1. Some of the information you have requested – external official meetings the First Minister attended between 1st and 31st October 2023 – is available via the Scottish Government’s regular publication of Ministerial engagements. This can be accessed via: https://www.gov.scot/collections/ministerial-engagements-travel-and-gifts. 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.

Some of the information you have requested – external official meetings the First Minister attended between 1st November 2023 and 31st January 2024 – will in due course be published. This will be available via: https://www.gov.scot/collections/ministerial-engagements-travel-and-gifts. Under section 27(1) we do not have to give you information if we already plan to publish it within the next 12 weeks.

For internal meetings the First Minister attended between 1st October 2023 and 31st January 2024, an exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to this information because it relates to the operation of a Ministerial Private Office. 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, to ensure private offices operate efficiently and to inform public debate. 

However, there is a greater public interest in allowing Ministers a private space to engage with Officials and their Private Offices working to support on a range of Ministerial duties and decisions. This private space also allows for options around the use of time and Ministerial commitments made to be properly considered and balanced against personal commitments in order to enable effective operation of Private Office. Disclosure is likely to undermine the full and frank discussions between Ministers and Officials, which in turn will undermine the quality of the support provided to Ministers.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) 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 before the Scottish Government reaches a settled public view.

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, as part of the process of exploring and refining the First Minister and Scottish Government’s position, until a decision that is sound and likely to be effective can be adopted.

This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and Officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

2 & 3. As per section 4.23 of the Scottish Ministerial Code, records of all formal meetings are taken. The Scottish Government does not routinely publish minutes of internal or external meetings, unless this is related to a specific group and part of the Terms of Reference.

Members of the public do have the right to request sight of the record of a specific meeting, and this information would be supplied in-line with FOISA.

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.