Scottish Government attendees at HMS Sheffield steel cutting ceremony: FOI release

Information requested

• Were any Scottish Government officials or Ministers invited to attend the steel cutting ceremony for HMS Sheffield? If any officials or Ministers were invited and declined to attend, could you provide the reasons for their refusal?
• If any refusals occurred or if anyone aiming to attend was unable to, could you provide copies of any emails or correspondence relating to these decisions, specifically communications betweenScotti sh Government officials, Ministers, or external parties regarding attendance or nonattendance at the event?
• Copies of any internal communications within the Scottish Government and/or between the Scottish Government and BAE Systems (or any other relevant external organizations) regarding Scottish Government attendance or representation at the HMS Sheffield steel cutting ceremony.

Response

The First Minister, the Deputy First Minister, and the Cabinet Secretary for Finance and Local Government were invited to attend the steel-cutting ceremony for HMS Sheffield. The Minister for Business, Richard Lochhead attended the event on behalf of the Scottish Government, as the minister with portfolio responsibility for defence manufacturing.

I attach a copy of the information requested under points 2 and 3 of your inquiry – see Supporting Document 1.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested under the following exemptions of FOISA and FOIA that apply to sections of the information:

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

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the companies mentioned. Disclosing this information would reveal confidential information regarding those companies. 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.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials. 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views to Ministers.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs, in relation to communications/meetings with external stakeholders) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate and meet, often in confidence, with external stakeholders on a range of issues, including discussions around support and business plans. Disclosing the content of these communications, particularly without the consent of the stakeholders, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to participate in meetings and provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing. This would significantly harm the Government’s ability to carry out many aspects of its work and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions. 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.

In addition, some information has been withheld because it is out of the scope of the current request.

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 202400443050 - Information released - Annex

File type

PDF

File size

514.3 kB