First Minister meeting with the US Consul General: FOI release

Information requested

Your request was as follows:

"First Minister John Swinney met with the US Consul General on 19 June 2024.

Can I please have the details of what was discussed in this meeting (notes, etc). Specifically, if Scottish independence was discussed during this meeting."

Response

Regarding your specific query, the answer is that Scottish independence was not discussed during the First Minister’s meeting with the US Consul General.

On your wider request for details of what was discussed at the meeting, I have added a copy of some of the information you requested to the annex of this letter.

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 the following exemptions under FOISA apply:

• s.32(1)(a)(i) - International relations
• s.38(1)(b) - Personal information

I have explained the reasons why each of these exemptions applies below.

s.32(1)(a)(i) - International relations

An exemption under section 32(1)(a)(i) 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 United States of America.

The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States. In this case, some of the information discussed during the meeting 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 USA, 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 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 can 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.

s.38(1)(b) - Personal information

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie the names and job titles of junior officials who attended the meeting. 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 https://www.gov.scot/foi-responses.

FOI - 202400432858 - Information released - Annex

File type

2 page PDF

File size

109.2 kB