Correspondence regarding First Minister phone call with Office of President-Elect Trump: FOI release

Information requested

Any briefing notes that Mr Swinney was provided with in advance of the phone call.

Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding this phone call between the office of the First Minister and the Office of the President-Elect. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals, between the dates of 1 December 2024 and 12 December 2024 inclusive.

Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding this phone call between the office of the First Minister and any Scottish Government official with a rank of deputy director or higher. Information should include but not belimited to  a detailed timeline (with dates) of any contact between these individuals, between the dates of 1 December 2024 and 12 December 2024 inclusive.

Response

Any briefing notes that Mr Swinney was provided with in advance of the phone call.

I enclose a copy of most of the information you requested. You can find this attached at Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.

An exemption under section 30(b)(ii), free and frank exchange of views, of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue.

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 Ministers and officials a private space within which to explore and refine the Government’s position certain issues, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exemption under section 32(1)(a), international relations, of FOISA applies to some of the information you requested. Information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially relations between the UK and another state.

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 disclosing information on UK relations as part of open government and transparency. However, this is outweighed by the public interest in the Scottish and UK Governments being able to maintain good and honest relations with states they choose to engage with.

Any correspondence regarding this phone call between the office of the First Minister and the Office of the President-Elect.

I enclose a copy of some of the information you requested. You can find this attached at Annex B.

An exemption under section 38(1)(b), personal information, of FOISA applies to some of the information you requested because it is personal data of a third party (i.e.names/contact detai s 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.

An exemption under section 32(1)(a), international relations, of FOISA applies to some of the information you requested. Information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially relations between the UK and another state.

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 disclosing information on UK relations as part of open government and transparency. However, this is outweighed by the public interest in the Scottish and UK Governments being able to maintain good and honest relations with states they choose to engage with. 

Any correspondence regarding this phone call between the office of the First Minister and any Scottish Government official with a rank of deputy director or higher.

I enclose a copy of some of the information you requested. You can find this attached at Annex C.

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

An exemption under section 32(1)(a), international relations, of FOISA applies to some of the information you requested. Information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially relations between the UK and another state.

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 disclosing information on UK relations as part of open government and transparency. However, this is outweighed by the public interest in the Scottish and UK Governments being able to maintain good and honest relations with states they choose to engage with.

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 202400445153 - Information released - Annex A - C

File type

PDF

File size

1.1 MB