Foreign policy correspondence: FOI release

Information requested

1. Could you supply all correspondence sent and received by the Government, including internally, all briefings prepared for and minutes/notes from the two meetings Humza Yousaf had with the German Consul General and French Consul General on April 3, between March 1 2024 and May 1 2024?

2. Could you supply all briefings and analysis prepared for the First Minister about Israel in the last three months?

3. Could you supply all correspondence sent and received by the Government, including internally, all briefings prepared for and minutes/notes about UK and Scotland selling arms to Israel, from the last three months?

4. Humza Yousaf said on April 16 that he had not been briefed on situation in Iran, could you supply all documentation you have surrounding this topic since April 1 2024?
- Can this include correspondence sent and received, briefings, analysis and minutes/notes from meetings?
- https://www.thenational.scot/news/24257095.humza-yousaf-says-still-not-briefed-iran-situation/

Response

I enclose a copy of most of the information you requested. Where information has been redacted under the exemptions provided for under FOISA, I have explained my reasoning for the use of these exemption below. The substantive response to your queries is provided in Annex A.

Section 25(1) – Information otherwise accessible

Some of the information you have requested is already publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Where this information is available online, links have been provided throughout the response where this exemption applies. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Section 29 – Formulation of Scottish Administration policy

Redactions made under this exemption reflect speculation about future options, about which no decision has (or will imminently be taken) but which are part of wider consideration for future policy and as such would fall under Section 29(1)(a).

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 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 subject of their 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.

Section 30(b)(i) – Prejudice to effective conduct of public affairs – “free and frank provision of advice”

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. Disclosing the content of free and frank advice on some of the information requested will substantially inhibit the provision of such advice in the future.

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 Government’s position, until the Government as a whole can adopt a decision 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.

Section 32 – International Relations

An exemption under section 32 of FOISA (international relations) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom a foreign state. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States.

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 ensuring that the UK Government is able to maintain good relations with other States, in order to protect and promote UK interests abroad.

Section 38 – Personal Information

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names and contact details of individuals. Disclosing this information 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.

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 202400415784 - Information released - Annex A

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