India trade deal: FOI release

Information requested

Any internal Scottish Government communications (including emails, Whatsapps, text messages, briefing papers or otherwise) on the subject of a UK-India trade deal between the dates of 9 October 2023 and 22 March 2024. 

Response

I enclose a copy of some of the information you requested. Please see this attached.

For clarity, we would like to highlight that extracts 6 & 9 in the attached contain typos. As we are required to ensure that all documents that have been found in scope remain unamended regardless of any typos or errors, we have not corrected these typos in the attached. However, please note that in extract 6 “IEFTA-India FTA” should instead read “EFTA-India FTA”, and in extract 9 “DB” should instead read “DBT”.

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 the following sections of FOISA applies to that information.

• Section 27(2) Ongoing research
• Section 29(1)(a) – Formulation or development of Scottish Government Policy
• Section 30(b)(i) – Free and frank provision of advice
• Section 30(b)(ii) – Free and frank exchange of views
• Section 32(1)(a)(i) – Relations between UK and any other state
• Section 32(1)(a)(iv) – Promotion or protection of UK interests abroad
• Section 33(2)(a) – UK economic interests
• Section 38(1)(b) – Personal data relating to a third party

The reasons why those exemptions apply are explained below.

Section 27(2) Ongoing research

An exemption under section 27(2) of FOISA applies to some of the information you have requested. Under this section, information is exempt from disclosure if the information has been obtained in the course of, or is derived from, a programme of research.

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding the misinterpretation of incomplete data, significantly harming the value of the research.

The programme of research through which information withheld under Section 27(2) has been derived is expected to be completed, and a report of this research published, by end 2024.

Section 29(1)(a) – Formulation or development of Scottish Government Policy

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Under this section, information is exempt from disclosure if the information relates to the formulation or development of government policy.

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in preventing the inhibition of the formulation or development of government policy.

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

An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 30(b)(i) if disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in preventing the inhibition of the free and frank provision of advice.

Section 30(b)(ii) – Free and frank exchange of views

An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. Information is exempt under sections 30(b)(ii) if disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. 

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in preventing the inhibition of the free and frank exchange of views for the purposes of deliberation.

Section 32(1)(a)(i) – Relations between UK and any other state

An exemption under section 32(1)(a)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(i) if disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State. 

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding substantial prejudice to UK-India trade negotiations, potentially damaging UK relations with India.

Section 32(1)(a)(iv) – Promotion or protection of UK interests abroad

An exemption under section 32(1)(a)(iv) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(iv) if disclosure would, or would be likely to, prejudice substantially the promotion or protection by the UK of its interests abroad. 

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding substantial prejudice to UK-India trade negotiations, potentially damaging the promotion or protection of UK interests in India.

Section 33(2)(a) – UK economic interests

An exemption under section 33(2)(a) of FOISA applies to some of the information you have requested. Information is exempt under section 33(2)(a) if disclosure would, or would be likely to, prejudice substantially the economic interests of the whole or part of the UK.

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 because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding substantial prejudice to UK-India trade negotiations, potentially damaging the UK’s economic interests.

Section 38(1)(b) – Personal data relating to a third party

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. Information is exempt under section 38(1)(b) if disclosure would contravene any of the data protection principles in Article 5(1) of the UK GDPR.

The 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. Redactions have been made where this is the case.

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 - 202400414926 - Information released

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