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

Information requested

Original request : 202400445153

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

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

• 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 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.

We have concluded that the original decision should be confirmed.

While reviewing the documentation in scope of your request, we have applied an additional exemption to some of the information requested. This is because we have found that some information falls into more than one of the categories which are exempt under FOISA. Please accept our apologies that this was not included in our original response, see further detail below.

Upheld - exemptions under 32(1)(a)

The reason for this decision is that to release information withheld under 32(1)(a)(i) would cause substantial prejudice to the relationship between the USA and the UK as a whole. Where another State has the expectation that communications are confidential between that State and the UK Government, or the devolved governments, disclosure of this information may as a result prejudice relations between the UK Government, its devolved administrations, and that State. In this case it is considered that this would be likely to happen and that the prejudice would be substantial. It has therefore been assessed that disclosure would be likely to inhibit the USA's willingness to have open dialogue with the UK Government and devolved governments in future, if they are aware that such information might subsequently be disclosed.

This exemption is subject to the ‘public interest test’, which has also been considered as part of thisreview process. Taking into account all of the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption.

On balance, the public interest lies in favour of upholding the exemption. In this case there is greater public interest in allowing Ministers and officials a private space to communicate with other governments. This private space for communication with, and confidence in, the UK and Scottish Governments would be compromised if this information were to be released.

Upheld - exemptions under 30(b)(ii)

The reason for this decision is that to release information withheld under 30(b)(ii) disclosure would, or would be likely to, inhibit the free and frank exchange of views, for the purposes of deliberation between officials and Ministers. 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’, which has also been considered as part of this review process. Taking into account all of the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption.

On balance, the public interest lies in favour of upholding the exemption. In this case there is greater public interest in maintaining a space for Ministers and officials to have free and frank exchanges. Release of this information could substantially inhibit deliberation in future, leading to a weaker and less informed exchanges.

Newly applied - exemption under 30 (c)

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to manage relationships with external stakeholders, including other nations and states, because it is expected these conversations and sensitive information surrounding these communications will remain confidential. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the Scottish Government's relationships with external stakeholders, including other nations and states, and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

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 202500448306 - Information Released - Annex

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