First Minister and Prime Minister meeting briefing notes: FOI release

Information requested

All briefing notes prepared for the First Minister, regarding his meeting with the Prime Minister on July 7, 2024.  Any records of this meeting, such as formal minutes and/or informal updates/readouts sent on any platform.

Response

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

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 S28(i), S.30(b)(i), S.30(b)(ii) and S.38.1(b) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

An exemption under section(s) S.30(b)(i) of FOISA applies to Document 1. This is in relation to the provision of free and frank advice to ministers.

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 open and transparent government. However, this is outweighed by the public interest in that disclosure may undermine or constrain the Government’s view on policy while it is still under discussion and development.

An exemption under section(s) S.38.1(b) of FOISA applies to Document 2. This is in relation to personal information.

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.

One further document was withheld in full under sections S.28(i) and S.30(b)(ii) free and frank exchange of views.

S.28(i)

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 open and transparent government. However, this is outweighed by the effect on the relationship between governments.

S.30(b)(ii)

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 open and transparent government. However, this is outweighed by the public interest in allowing Ministers and officials private space to explore and refine the Government's position and that disclosing the content of free and frank discussions on this issue will substantially inhibit such discussions in the future.

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 202400423751 - Information released - Annex

File type

9 page PDF

File size

272.6 kB