Documentation regarding multiple First Minister meetings and appearances: FOI release

Information requested

All documentation from John Swinney's meeting with Andy Burnham on August 12, including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI.

All documentation from John Swinney's appearance taking the salute at the Edinburgh Royal Tattoo on August 14 including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI.

All documentation from John Swinney's meeting with Angela Rayner on August 15 including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI.

All of the civil servant/official/special advisers advice given to Angus Robertson and/or John Swinney before the former's meeting with Israel's Deputy Ambassador to the UK on August 8.

All documentation from John Swinney's meeting with Palestinian groups on August 17 including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI.

Response

All documentation from John Swinney's meeting with Andy Burnham on August 12, including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI

I enclose a copy of most of the information you requested. You can find this attached in Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.

An exemption under section 38(1)(b), personal information, of FOISA applies to some of the information you requested because it is personal data of a third party (i.e. names/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, of FOISA applies to some of the information that you requested. The reason section 30(b) applies to the information requested is because disclosure of information would, or would be likely to, inhibit substantially the free and frank provision of advice.

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 exemptions. 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 disclosing information on UK relations as part of open government and transparency. However, this is outweighed by the public interest in protecting free and frank exchange of advice that enables Ministers and officials to conduct business and come to decisions, releasing advice provided would disrupt this process.

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 to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue.

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 explore and refine the Government’s position certain issues, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

All documentation from John Swinney's appearance taking the salute at the Edinburgh Royal Tattoo on August 14 including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI

I enclose a copy of most of the information you requested. You can find this attached in Annex B.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.

An exemption under section 38(1)(b), personal information, of FOISA applies to some of the information you requested because it is personal data of a third party (i.e. names/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, of FOISA applies to some of the information that you requested. The reason section 30(b) applies to the information requested is because disclosure of information would, or would be likely to, inhibit substantially the free and frank provision of advice.

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 exemptions. 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 disclosing information on UK relations as part of open government and transparency. However, this is outweighed by the public interest in protecting free and frank exchange of advice that enables
Ministers and officials to conduct business and come to decisions, releasing advice provided would disrupt this process.

An exemption under section 33(1)(b), commercial interests, of FOISA applies to some of the information you requested. The reason section 33(1) applies to the information requested is because disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership.

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 exemptions. 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 disclosing information as part of open government and transparency. However, this is outweighed by the public interest in ensuring the smooth and safe operation of a world-renowned event.

An exemption under section 39(1), health and safety, of FOISA applies to some of the information you requested. The reason section 39(1) applies to the information requested is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual.

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 exemptions. 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 disclosing information as part of open government and transparency. However, this is outweighed by the public interest in ensuring the smooth and safe operation of a world-renowned event.

All documentation from John Swinney's meeting with Angela Rayner on August 15 including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI

I enclose a copy of most of the information you requested. You can find this attached in Annex C.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.

An exemption under section 38(1)(b), personal information, of FOISA applies to some of the information you requested because it is personal data of a third party (i.e. names/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 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations.

The release of these communications will mean that the UK Government is likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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 maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

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 to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue.

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 explore and refine the Government’s position certain issues, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

All of the civil servant/official/special advisers advice given to Angus Robertson and/or John Swinney before the former's meeting with Israel's Deputy Ambassador to the UK on August 8

All of the information you requested is available from: Meeting between Angus Robertson MSP and Israeli diplomat: 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.

All documentation from John Swinney's meeting with Palestinian groups on August 17 including correspondence (internal as well), minutes/notes from the meetings, briefing notes prepared, policy and analysis, between July 1 and date of this FOI

While our aim is to provide information wherever possible, in this instance the Scottish Government does not have the information you requested.

The meeting that you describe was a SNP party meeting rather than a Scottish Government meeting.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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 202400431387 - Information Released - Annex

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51 page PDF

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2.2 MB