Correspondence regarding Former First Minister meeting cancellations and resignation: FOI release

Information requested

1. All correspondence, including internally, briefings and notes about Humza Yousaf cancelling his appearance at the Colleges Scotland conference on Wednesday 24 April, and him being subsequently replaced by Jenny Gilruth, held from between April 22 until the date of this FOI.

2. All correspondence, including internally, briefings and notes, minutes from any meetings and any analysis undertaken, about the cancellation of the Bute House Agreement, including the calling of the press conference about it, from between April 20 and the date of this FOI.

3. All correspondence, including internally, briefings and notes about Humza Yousaf cancelling his independence speech at Strathclyde university on April 27, from between April 22 and April 27.

4. All correspondence, including internally, briefings and notes, minutes from any meetings and any analysis undertaken, about Humza Yousaf's resignation, including the calling of the press conference about it, from between April 20 and April 27.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available from the Scottish Government website in relation to the Bute House Agreement and the former First Minister's speech announcing that it had ended, as well as the former First Minister's decision to stand down. Some information can also be found in national media Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation of the Scottish Government’s policy, and an exemption under section 29(1)(b) (Ministerial communications) applies to some of the information requested because because it relates to communications between Scottish Ministers.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position. Disclosing the content of free and frank briefing material will substantially inhibit such briefing in the future.

These exemptions under sections 29 and 30 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 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions 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.

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

An exemption under section 41(a) of FOISA (communications with His Majesty, etc.) applies to some of the information requested because it relates to communications with His Majesty.

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 as part of open and transparent government. However, this is outweighed by the greater public interest in maintaining the long-standing constitutional Convention that correspondence between The Sovereign and the government is confidential in nature. This Convention is an adjunct of the right of The Sovereign to be consulted by his Government, and to advise, encourage and to warn as the circumstances require. This expectation of confidentiality allows these rights of The Sovereign to be exercised effectively and supports the related convention by which The Sovereign does not become involved in the party politics of government.

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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 202400412001 - Information released - Annex

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