Communications between the Scottish Government and UK monarchy: FOI release

Information requested

Please share any communications exchanged between the government and the UK monarchy or their representatives from 21 February 2023 to the present date, which relate to:

• Laws and Legislation
• The Crown Estate
• Property or assets owned by the monarchy
• Crown consent
• Carbon emissions
• Deer

Please include all communication channels used, including Whatsapp, and please include any attachments.

Response

I attach, in Annexes A to H, a copy of some of the information you requested.

Some of the information you have requested is available via the following link: Correspondence regarding Trusts and Succession Scotland Bill 2023: 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 website listed, then please contact me again and I will send you a paper copy. 

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 38(1)(b (personal information) and 41(a) (Communications with His Majesty etc. and honours) of FOISA applies to that information.

An exemption under sections 38(1)(b) (personal information) applies to a small amount of the information 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 41(a) (Communications with His Majesty etc. and honours) applies to some of the information requested because it relates to communications between the Scottish Government and persons acting on behalf of The King. 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 as part of open and transparent government, and in order to inform public debate. However, we consider that this is outweighed by the public interest in maintaining good relations between the Scottish Government and the Royal Household, in protecting the free exchange of information, and in protecting a channel of communication between the Scottish Government and the Royal Household. It is important that there is the ability to have full and frank discussions on behalf of the Head of State and the Scottish Government, including in relation to Crown consent and how legislation applies to the Crown.

Some of the information relates to correspondence between the Scottish Government Legal Directorate and the Solicitor to the King in Scotland as respective representatives of the Scottish Ministers and His Majesty the King. I would note that the need for confidentiality under the Convention that correspondence between the Sovereign and their Government is confidential in nature is particularly important in this context. In order for all parties to give and receive full and accurate legal advice, it is important that confidentiality of communications is maintained.

Disclosing the content of such communications would have a chilling effect on future communications which may mean that they will be less open and less frequent, with less exchange of information, which would negatively affect the process of consideration of the impact of legislation on the Crown in future. There can be no public interest in the disclosure of information which will damage that relationship and disrupt future communications. Additionally, there is a strong public interest in maintaining the longstanding constitutional Convention that correspondence between the Sovereign and his Government is confidential in nature. This Convention is an adjunct of the right of the Sovereign to be consulted by his Government, and to advise, encourage and to warn as the circumstances require. This expectation of confidentiality allows these rights of the Sovereign to be exercised effectively and supports the related Convention by which the Sovereign does not become involved in the party politics of Government.

The public interest is also served by the information that is provided to the Parliament about the matters in a Bill that require Crown consent and about how legislation applies to the Crown, which can be debated and scrutinised by Parliament.

The rest of the information you have requested has been included.

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 - 202400431736 - Information released - Annex A-H

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