Correspondence regarding United Nations Relief and Works Agency (UNRWA), and Turkish President Erdogan: FOI release

Information requested

1. Can you supply all emails and correspondence received or sent by the Scottish Government which mentions Nadia El-Nakla, between February 1 2024 and May 10 2024?

2. Can you supply all emails and correspondence received or sent by the Scottish Government which mentions Turkish President Erdogan, dated between February 1 2024 and the date of this FOI. -Can this include briefings and minutes/notes from meetings?

3. All correspondence, minutes, notes, briefings and internal correspondence, received, sent and written by the Scottish Government about funding the UNRWA, from between February 1 2024 and the date of this FOI.

Response

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

Some of the information you have requested is in relation to previous responses to requests under FOISA available from:

• Bute House Interview on 8 November 2023: FOI release - gov.scot (www.gov.scot)
• First Minister meeting with President Erdogan of Turkey during Cop 28: FOI release - gov.scot (www.gov.scot) 
• Meeting with Turkey and Lebanese delegations at COP28: FOI release - gov.scot (www.gov.scot)

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy. 

In relation to your first and second question, much of the information in scope of this request relates to several responses to FOISA requests which have not yet been published on gov.scot. While these are likely to be published within the 12 week timescale that would allow me to apply section 27 of FOISA, for your convenience I have included the responses to these requests alongside the information released in response to these requests as attachments. There is some overlap between the information included in terms of how it relates to each of your questions. Where this information has been returned for both questions, this has not been duplicated in the interest of clarity. 

In relation to your first and second questions, 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 s.30(b)(ii) (free and frank exchange of views), s.32(1)(a) (substantial prejudice to international relations), s.41(a) (communications with the King) and s.38(1)(b) (personal information) of FOISA applies to that information. This is because some of the information contains personal data, some of the information includes communications with the Turkish government, some of the information includes communications with the King and some of the information includes deliberations between officials.

Exemptions under sections s.30, s.32(1)(a), s.41(a) and s.38(1) of FOISA apply to some of the information you have requested. This is because the information includes emails which include personal data, some of the information includes communications with the King, some of the information includes communications from the Turkish government and because some of the information includes exchanges between officials where they are deliberating for the purposes of responding to correspondence.

Exemptions under s.38(1) are 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. Exemptions under s.30(b), s.32(1)(a) and s.41(a) 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 exemptions. We recognise that there is some public interest in release because of public interest in openness and transparency. However, this is outweighed by the public interest in allowing space for officials to deliberate in order to provide accurate and prompt responses to Freedom of Information requests. It is also outweighed by the public interest in the Scottish Government being able to build strong relationships with other countries. It is also outweighed by public interest in maintaining relations between the Royal Household and the Government.

In relation to your third question, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is because a search for correspondence in relation to UNRWA for the period specified returns a significant amount of correspondence which I have calculated would take a significantly long time to process for release and cost well over the upper cost limit. 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 reducing the scope of your request in order that the costs can be brought below £600. You may wish to do this by narrowing the specified window in time or further specifying the type of information you are looking for. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at:

http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

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 202400418004 - Information Released - Annex

File type

146 page PDF

File size

3.6 MB