Documents on cancellation of First Minister’s trip to Malawi and Zambia: FOI release

Information requested

"All documentation held by the Scottish Government about the cancellation of John Swinney's trip to Malawi and Zambia in August, including correspondence, internal included, briefings, minutes/notes from meetings, policy notes".

Response

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

Some of the information you have requested is available from First Minister pledges continued commitment to Malawi | Scotland Malawi Partnership (scotland-malawipartnership.org). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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.

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 s.29(1)(a) (policy formulation), s.30(b)(i) (substantial inhibition to free and frank provision of advice), s.30(b)(ii) (substantial inhibition to free and frank exchange of views), s.32(1)(a) (substantial prejudice to international relations) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Exemptions under section s.29(1)(a) of FOISA apply to some of the information you have requested. This is because the information relates to draft policy development. 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 public interest in open and transparent government. However, this is outweighed by the public interest in officials having space to prepare policy-related documents prior to finalisation and release of this information would jeopardise this.

Exemptions under sections s.30(b)(i) and s.30(b)(ii) of FOISA apply to some of the information you have requested. This is because the information includes free and frank exchange between officials for the purposes of providing advice to Scottish Ministers and for the purposes of deliberation respectively. These 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 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 public interest in open and transparent government. However, this is outweighed by the public interest in officials being able to deliberate and have discussions in order to provide advice and carry out their duties and release of this information would likely have a significant negative impact on this process.

Exemptions under section s.32(1)(a) of FOISA apply to some of the information you have requested. This is because the information relates to sensitive discussions with representatives of the Zambian government. 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 recognise that there is some public interest in release because of public interest in open and transparent government. However, this is outweighed by the public interest in the UK and Scottish governments being able to build and maintain relationships with other governments.

Exemptions under section s.38(1) of FOISA apply to some of the information you have requested. This is because the information contains personal data of third parties. 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 202400436042 - Information Released - Annex

File type

PDF

File size

475.3 kB