Nicola Sturgeon's meetings correspondence: FOI release

Information requested

All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meetings:

1a) Nicola Sturgeon's meeting with COSLA and trade unions on September 1, 2022

1b) Nicola Sturgeon's meeting with King Charles III on September 12, 2022

1c) Nicola Sturgeon's meeting with Mark Kent of the Scotch Whisky Association on September 26, 2022

1d) Nicola Sturgeon's meeting with Mark Drakeford on September 27, 2022.

Response

1a) This has been answered previously and the response can be found at: Nicola Sturgeon and Council meetings: FOI release - gov.scot (www.gov.scot)

1b) An exemption under section 41(a) of FOISA (communications with Her Majesty, the Royal Family or the Royal Household) applies to some of the information requested because it relates to communications with the Royal Household.

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 release as part of open and transparent government. However, this is outweighed by the greater public interest in protecting a channel of communication between the Scottish Government, and the Royal Household. Disclosing the content of such communications, particularly against the wishes of the Royal Household, is likely to mean that such future communications will be less open and less frequent, with less exchange of information on matters of mutual interest, which would not be in the public interest.

1c and d), Please find some of the information that you have requested.

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 the following exemption(s) of FOISA applies to that information:

• s.28 (relations within the United Kingdom)
• s30(b)(i) (free and frank exchange of views)
• S30(b) (ii) Free and frank exchange of views
  s38(1)(b) (personal information)] of FOISA applies to that information.

The reason why these exemptions apply are explained below.

Exemptions under sections 28 and 30(b)(i) (ii) 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 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. 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 policy making process, which would not be in the public interest.

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, 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. 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 policy making process, which would not be in the public interest.

While our aim is to provide information whenever possible, in this instance we are unable to provide a small amount 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 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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202300338437_Annex_A

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