Former First Minister's meeting with Ukrainian MP Mykola Stefanchuk: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

1. How many Scottish Government ministers had a Ukrainian refugee staying with them, and who were they, and what happened to the refugee, I.e how long did they stay?

2. All minutes/notes from the meeting between Humza Yousaf and Ukrainian MP Mykola Stefanchuk on April 18, plus all correspondence setting up the meeting?

Response

Question 1

While our aim is to provide information where we can, an exemption under Section 17 of the Freedom of Information (Scotland) act applies in this case. This is a formal notice under Section 17 that the Scottish Government does not hold this information.

Question 2

Please find attached email correspondence setting up the meeting along with the meeting note.

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, including names and 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.

An exemption under section 32(1)(a) 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 and Ukraine. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and Ukraine. In this case, the information about the war effort in Ukraine was given to the Scottish Government on the understanding that it would be treated as being in confidence. If the Scottish Government does not respect this confidence, the UK Government’s relations with other States and its ability to protect and promote UK interests will be substantially prejudiced.

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 Ukraine in order to protect and promote UK interests abroad. There can be no public interest in jeopardising those relations by the Scottish Government disclosing confidential information or information which another state has specifically asked us to withhold

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 202400417021 - Information released - Attachments 1 & 2

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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