Cabinet Secretary for Constitution, External Affairs and Culture Denmark trip: FOI release

Information requested

1. All briefings, correspondence sent and received by the Scottish Government, including internally, all analysis undertaken and minutes/notes from meetings regarding making Scotland tobacco free by 2034, between February 1 2024 and the date of this FOI?

2. The costs of Angus Robertson's trip to Denmark in March, including what hotel he stayed in, how he got there and back, how many officials accompanied him? If not, could supply the full broken down cost of how much his officials cost, where they stayed, etc.

3. The full itinerary for Mr Robertson's trip to Denmark, including minutes from all his meetings?

4. Out of every working day in 2024, how many days has Mr Robertson been in the country for, and how many has not been in Scotland for?

Response

1. Could you supply all briefings, correspondence sent and received by the Scottish Government, including internally, all analysis undertaken and minutes/notes from meetings regarding making Scotland tobacco free by 2034, between February 1 2024 and the date of this FOI?

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested in your first question would exceed the upper cost limit of £600. This is because, although you already provided a narrowed timeframe, considerable resource would be required to retrieve and process the volume of information found within scope of this request. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider narrowing the breadth of the request in terms of the information asked for in order that the costs can be brought below £600. You may also find it helpful to look at th Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx

2. Could you supply the costs of Angus Robertson's trip to Denmark in March, including what hotel he stayed in, how he got there and back, how many officials accompanied him? If not, could supply the full broken down cost of how much his officials cost, where they stayed, etc.

Enclosed is all of the information you requested: the Cabinet Secretary travelled with one official, his Private Secretary. Costs requested are outlined in the below table:

Item	Description	Amount in GBP	Note
Admiral Hotel Copenhagen	Cabinet Secretary and Private Secretary Accommodation (two nights, two rooms)	706.84	Converted from Danish Krone
EDI-CPH Return Flights x 2	Cabinet Secretary and Private Secretary KLM Flights	880.22
Travel and Subsistence	Incidentals including meals, transport	126.93
CPH-EDI inbound Flight	Cabinet Secretary Norwegian Air Flight	155.5	Rescheduled return flightdue to family emergency
	TOTAL:	1869.49

3. Could you supply the full itinerary for Mr Robertson's trip to Denmark, including minutes from all his meetings?

I enclose a copy of some of the information you requested at the separately attached Release Annex. 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 of FOISA apply to that information. Details of these exemptions and why they apply are outlined below:

Section 38(1)(b), personal data of a third party
As per our guidance, in instances where a third party (in this case Government Officials, Special Advisers) is above a certain level of seniority, this information is released. In other instances some information is exempt from disclosure as it is the personal data of a third party. 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.

29(1)(a), formulation or development of government policy
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested. The information relates to the formulation and development of the Scottish Government’s policy on and engagement across policy areas with Nordic 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 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, we consider that there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. Additionally, topics under discussion require private space to discuss effectively. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, and understand fully their possible implications. Officials’ candour in doing so, and engaging others, will be affected by their assessment of whether their discussions on policy development with Nordic countries will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(i) – substantial inhibition free and frank provision of advice
An exemption under Section 30(b)(i) of FOISA (substantial inhibition 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 and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice reflecting on engagements with international interlocutors and related advice on next steps will substantially inhibit the provision of such advice in the future, particularly because these discussions involve frank reflections and relate to policy formulation considerations that are still ongoing. 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 other officials and Ministers as part of the process of exploring and refining the Government’s position and potential policies on related issues until the Government as a whole can adopt a position that is sound and likely to be effective. 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. Premature 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.

4. Out of every working day in 2024, how many days has Mr Robertson been in the country for, and how many has not been in Scotland for?

All of the information requested has been provided: between 1 January 2024 and the date of your request 15 April 2024 Mr Robertson has been on official travel outside of Scotland on 11 days.

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 202400409365 - Information released - Annex

File type

14 page PDF

File size

421.5 kB