Publication - FOI/EIR release

Current and Former First Minister specific meetings documentation: FOI release

Published: 24 September 2024
Directorate: External Affairs Directorate
Topic: International, Public sector
FOI reference: FOI/202400423666
Date received: 23 July 2024
Date responded: 21 August 2024

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

Information requested

1. Could you supply all documentation held about or from Dr Ghassan Abu-Sittah, including email correspondence, briefing notes, internal correspondence, analysis and minutes/notes from meetings, between March 1 2024 and July 1 2024? (British Palestinian plastic and reconstructive surgeon).

2. Could you supply all documentation held about Humza Yousaf's meeting with Ignacio Cartagena on April 23, including emails, briefings and minutes/notes from the meeting, between March 1 2024 and May 30 2024? (Consul General of Spain in Edinburgh).

3. Could you supply all documentation held about John Swinney's meeting with the Zambian President on June 19, including emails, briefings and minutes/notes from the meeting, between June 1 2024 and July 15 2024?

Response

I enclose a copy of some of the information you requested at Annexes A, B and C.

"documentation held about or from Dr Ghassan Abu-Sittah" - Annex A

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, 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 30(b)(i) (free and frank provision of advice and free and frank exchange of views), and an exemption under section 30(c) (prejudice to effective conduct of public affairs) applies because disclosure of this content would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation, and have a prejudicial effect on the effective conduct of public affairs within the Scottish Government. Disclosing the content and structure of free and frank briefing material provided to the First Minister for First Minister’s Questions would substantially inhibit such briefing in the future.

The above 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemption for the advice.

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 free and frank advice and views to Ministers in briefing for First Minister’s Questions, and therefore ensuring the effective conduct of public affairs. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions.

"all documentation held about Humza Yousaf's meeting with Ignacio Cartagena" - Annex B

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 the Government of Spain. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States. In this case, the information 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. States such as Spain, are likely to be more reluctant to share sensitive information, with Scotland or other parts of the United Kingdom in future, which would reduce both the frequency and openness of communications with 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 ofuph olding 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. 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.

An exemption under section 32(1)(b) of FOISA (international relations) applies to some of the information requested because it is confidential information which the Scottish Government obtained from the Government of Spain.

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 respecting the confidentiality of this information to ensure that the UK Government is able to maintain good relations with other States in order to protect and promote UKin terests 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.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of companies and organisations being considered by the Government of Spain to provide commercial services.

Such discussion makes for better quality and better informed policies and decisions on issues with an international dimension, and aids the protection and promotion of UK interests abroad. Inappropriate disclosure is likely to damage other States’ confidence and trust in the UK and thus undermine future discussions and international relations more generally. There is no public interest in releasing information which might damage UK interests and/or the commercial interests of UK companies.

"all documentation held about John Swinney's meeting with the Zambian President" - Annex C

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and Officials to have a private space within which todiscuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with The President of Zambia and the President's Officials during the President's visit to Scotland on 19 June 2024 will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while these discussions are still ongoing.

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 Ministers and officials a private space within which to communicate with appropriate external stakeholders. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

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 the Republic of Zambia. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government, the Scottish Government and other States. In this case, the information about the Republic of Zambia 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. States such as the Republic of Zambia are likely to be more reluctant to share sensitive information, such as their governmental policy with Scotland or other parts of the United Kingdom in future, which would reduce both the frequency and openness of communications with 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 some of 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. 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.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstancesof 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. There is a vital public interest in allowing Scottish Ministers and officials a private space within which to engage in full and frank discussions with their counterparts in other States. Such discussion makes for better quality and better informed policies and decisions on issues with aninternational dimension, and aids the protection and promotion of UK interests abroad. Inappropriate disclosure is likely to damage other States’ confidence and trust in the UK and thus undermine future discussions and international relations more generally. There is no public interest in releasing information which might damage UK interests and/or the commercial interests of UK companies.

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