Acting Cabinet Secretary for Net Zero and Energy meetings: FOI release

Information requested

1. A list of meetings attended by Ms Martin, along with all other attendees of these meetings.

2. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) sent by the office of Ms Martin, or Ms Martin herself relating to meetings attended at COP 29. Information should include but not be limited to a detailed timeline (with dates) of any contact between the office of Ms Martin, or Ms Martin herself relating to meetings attended at COP 29. Please provide this information between the dates of 1 October 2024 and 26 November inclusive.

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.38(1)(b) Personal data relating to third party.
s.39(1) Health and safety
s.30(b)(i) Free and frank provision of advice

of FOISA applies to that information.

Reasons for not providing information

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested 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.

Exemptions under section 39(1) of FOISA (Health and safety) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, endanger an individual’s, physical health, mental health and/or safety.

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. There is a greater public interest in protecting individuals, mental health, physical health and safety by withholding this information.

Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.

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. There is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken.

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 202400442834 - Information released - Annex

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