First Minister's meeting with Head of the Palestinian Mission to the UK: FOI release

Information requested

Could you supply all documentation held by the Scottish Government about John Swinney's meeting with Husam Zomlot on Wednesday August 21, including correspondence setting it up, briefings, minutes/notes from the meeting?

Response

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.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views), s.32 (1)(a) (international relations and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below/in the Annex to this letter

Exemptions
An exemption under section 32 (1 ) (a) of FOISA applies to some of the information you have requested. The Scottish Government cannot release the requested information in case of substantial prejudice to international relations.

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 this release because the public will be interested in correspondence and discussions between the Scottish Government and the representatives of other states, nations and regions. However, this interest would be outweighed by the essential need (and therefore public interest) in ensuring that good diplomatic relations are maintained with such representatives by respecting the confidentiality with which discussions and correspondence were undertaken.

Exemptions under section 30 of FOISA applies to some of the information requested. These exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views.

These exemption recognise the need for officials to have a private space within which to provide free and frank advice to, or to exchange views with Ministers or other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on meetings will substantially inhibit the provision of such advice in the future. 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 a private space within which officials can provide full and frank advice to Ministers or other officials as part of the considerations around meetings.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. This is because it is personal data of a third party, ie 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.

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 202400436392 - Information Released - Annex

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