Briefing material for Council of Arab Ambassadors meeting: FOI release

Information requested

Any briefing material prepared for the First Minister ahead of his meeting with the Council of Arab Ambassadors on Monday 11th March.

Response

In response to question 1, I enclose a copy of majority of the information you requested, please find enclosed the information at Annex B of this response. 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 section 30(b)(i) – Free and Frank provision of advice, section 32 International relations and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why those exemptions apply is explained in Annex A to this letter.

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION

Section 30(b)(i) – Free and Frank provision of advice applies

An exemption under section 30(b)(i) – Free and Frank provision of advice applies to some of the information requested. The exemption applies because disclosure would, or would be likely to, substantially inhibit the free and frank provision of advice to Ministers. The exemption recognises the need to have a private space within which officials can advise ministers on sensitive 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 Ministers can receive the necessary briefing on potentially sensitive issues.

Section 32(1)(a)(i) (international Relations)

An exemption under section 32(1)(a)(i) (international relations) applies to some of the information requested. This exemption allows authorities to withhold information where disclosure would, or would be likely to, prejudice substantially international relations. In this case disclosing information relating to sensitive matters such as the on-going conflict in the middle east would substantially prejudice relations between the United Kingdom and international partner countries.

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 exception. 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 ensuring relations with international partner countries are not negatively impacted.

Section 38(1)(b) – Personal information

An exemption under section 38(1)(b) applies to some of the information requested because it is personal data of a third party (i.e. 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.

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FOI 202400403596 - Information released - Annex B

File type

23 page PDF

File size

370.3 kB