Meetings about a second independence referendum: FOI release

Information requested

• Minutes of meetings held between Nicola Sturgeon and Angus Robertson on preparations for a second independence referendum, including on a prospectus.
• Minutes of all meetings held between Nicola Sturgeon and the team working (including civil servants) on preparations for a second independence referendum, including on a prospectus.
• Minutes of meetings between special advisers and civil servants on preparations for a second independence referendum, including on a prospectus.

Meetings should include those held virtually or on the phone. Please include the dates of meetings, number of attendees (names if possible), discussion points and duration of meetings.

Response

Our searches identified one minute within the scope of your request. This is included 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 because an exemption under section 38(1)(b) (personal information) of FOISA applies to that information. This is because it is personal data of a third party, specifically the names of individual civil servants, 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.

An exemption under Section 29(1)(a) Formulation or development of government policy of FOISA also applies to some of the information requested. The reason why this exemption applies is explained in Annex B of this letter.

In addition to the minute that is within the scope of your request, two further minutes of meetings have been finalised since your request was received. In order to be helpful, we have also included these minutes at Annex A. As with the minute mentioned above, we have removed sections of the document which include personal information or relate to the formulation of government policy.

Our searches have found that some of information you have requested is not held. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold some of the information you have requested.

Annex A

NOTE OF MEETING - PFG COMMITMENT – INDEPENDENCE REFERENDUM - the Scottish Government will start work on a detailed prospectus for an independent Scotland
24 November 2021

Attending:
First Minister
Deputy First Minister
Cabinet Secretary for Constitution, External Affairs and Culture
David Rogers, Director Constitution
Brian Dornan, Deputy Director Constitutional Futures
Penny Curtis, Deputy Director Elections and FOI
[redacted – personal information]
Colin McAllister, SPAD
[redacted – formulation of government policy] the PfG commitments:

We intend to secure a referendum on Scottish independence: This will be within the current parliamentary session, on a specific date determined by the Scottish Parliament. If the coronavirus crisis has passed, our intention is for the referendum to be within the first half of the five-year parliamentary session.

Before this referendum the people of Scotland will have the information they need to make an informed choice about their future and, therefore, the Scottish Government will start work on a detailed prospectus for an independent Scotland.
[redacted – formulation of government policy]
Cabinet and Constitution Directorate
November 2021

NOTE OF MEETING – INDEPENDENCE PROSPECTUS
14 January 2022

Attending:
First Minister
Deputy First Minister
Cabinet Secretary for Constitution, External Affairs and Culture
David Rogers, Director Constitution
Brian Dornan, Deputy Director Constitutional Futures
[not provided – personal information]
Penny Curtis, Deputy Director Elections and FOI
[not provided – personal information]
Colin McAllister, SPAD
Ewan Crawford, SPAD
John MacInnes, SPAD
Liz Lloyd, SPAD
The meeting discussed the approach to the development and delivery of the prospectus for independence.

[not provided – formulation of government policy] Officials set out the approach to the management of this body of work.
Cabinet and Constitution Directorate

NOTE OF MEETING – INDEPENDENCE PROSPECTUS
14 January 2022

Attending:
First Minister
Deputy First Minister
Cabinet Secretary for Constitution, External Affairs and Culture
David Rogers, Director Constitution
Brian Dornan, Deputy Director Constitutional Futures
[not provided – personal information]
Penny Curtis, Deputy Director Elections and FOI
[not provided – personal information]
Colin McAllister, SPAD
Ewan Crawford, SPAD
John MacInnes, SPAD
Liz Lloyd, SPAD

The meeting discussed the approach to the development and delivery of the prospectus for independence.

[not provided – formulation of government policy] Officials set out the approach to the management of this body of work.

Cabinet and Constitution Directorate

Annex B
Section 29(1)(a) – formulation or development of government policy
An exemption under section s.29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information you have requested. This exemption applies because some of the information relates to the development of government policy which is not yet finalised.

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 discussions on the Scottish Government’s deliberations on matters relating to Scotland’s constitutional future will substantially inhibit such discussions in the future, particularly because discussions on Scotland’s constitutional future are still ongoing and final decisions have not been taken.

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 policy positions on independence, until the Government as a whole can adopt a policy 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. Disclosure is likely to undermine the discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

About FOI

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