First Minister visit to Sumitomo’s site in Nigg correspondence: FOI release

Information requested

All documentation held about John Swinney’s visit to Sumitomo’s site in Nigg on November 18, including correspondence sent and received setting it up, including internal, minutes/notes from the day, briefings prepared for it and afterwards.

Response

I enclose a copy of most of the information you requested.

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 for the purposes of deliberation), s.33(1)(b) (Substantial prejudice to commercial interests) and s.38(1)(b) (the personal data of a third party). The reasons why the exemptions apply are explained below. An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies to personal data such as names, addresses and contact numbers that are protected under data protection legislation.

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. Further exemptions under sections s.30(b)(i), s.30(b)(ii) and s.33(1)(b) of FOISA apply to some of the information that you have requested, which cover free and frank provision of advice and exchange of views in addition to covering data that would cause substantial prejudice to commercial interests.

The three exemptions outlined above 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 to ensure that the public are informed of Scottish Government decision making and policy development. However, this is outweighed by the public interest in ensuring that the final version of advice is released to avoid misleading the public.

We also recognise that there is a public interest in disclosing information as part of open and transparent government. However, there is a greater public interest in protecting the interests of stakeholders who share information in confidence with the Scottish Government and in ensuring that such companies and stakeholders are comfortable to do so in the future.

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FOI 202400442416 - Information Released - Annex

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