Pro-Palestine marches in Scotland correspondence: FOI release

Information requested

1. All correspondence received and sent by the Scottish Government, including internal, all documentation held, including analysis and minutes from meeting and briefings, about pro-Palestine marches in Scotland, from the last six months.

2. How many Scottish Government Ministers, including past ones, have attended pro-Palestine marches in the last six months. Could you supply a list of them and what march they attended?

3. All documentation held by the Scottish Government, including analysis, correspondence, minutes from meetings and briefings, that mention or are about Iran, between March 1 2024 and May 1 2024.

Response

Question 1

I enclose a copy of most of the information you have requested in relation to question 1 in the document attached titled 'FOI Documents for Question 1 (Pro-Palestine Marches)'. 

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 section(s) s.30(b)(ii) (free and frank exchange of views), s.30(c) (the effective conduct of public affairs) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below:

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, for example names of individuals or other personal data such as phone numbers. Disclosing this data would contravene the data protection principles in the UK 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 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 of interest in the Scottish Government's discussion of sensitive issues. However, this is outweighed by public interest in the Scottish Government being able freely discuss ongoing working relationships with external stakeholders for the purposes of community cohesion and safety. Disclosing free and frank exchanges of views would substantially inhibit such views being provided in the future, particularly as these discussions relate to sensitive issues.

An exemption under section 30(c) of FOISA applies to some of the information you have requested. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

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 of interest in the policing conduct of sensitive issues. However, this is outweighed by public interest in the effective conduct of sensitive policing operations which requires free and frank exchanges.

You will also see a number of redactions under ‘not in scope’ within the released documents for question 1. Many of the documents containing the mention of or reference to pro-Palestine marches often cover a range of other topics and policy areas such as static protests, equalities, etc and therefore have ‘not in scope’ redactions to ensure we are supplying the exact information requested in its clearest form. If you wish to request further information from those documents, an FOI request can be submitted. It may also be worth explaining that there is a distinction between static protests, protests which turn into a march and organised marches. In line with your request for all information on ‘pro-Palestine marches’, we have provided information based upon organised pro-Palestine marches as well as pro-Palestine protests which turned into marches.

Question 2

Regarding question 2, all Ministerial engagements are published regularly on the Scottish Government website. Information on events attended by a Minister in their party, constituency, or personal capacities are not held by the Scottish Government. Therefore, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Question 3

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because exemptions under section 28, section 30(b)(i), section 32(1) (a) and section 38 of FOISA applies to that information.

Under section 28 of FOISA, information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK (e.g. between Westminster and Holyrood).

An exemption under section 30(b)(i) applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.

Under section 32(1)(a) of FOISA, information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially, relations between the UK and any other State.

These exemptions 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.

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, i.e. 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 202400419294 - Information released - Annex

File type

120 page PDF

File size

930.7 kB