Angus Robertson’s attendance of the Arctic Frontiers conference: FOI release

Information requested

All briefing documents prepared in advance of Cabinet Secretary Angus Robertson’s attendance of the Arctic Frontiers conference held in Tromsø, Norway, 31 January – 3 February 2023, and all notes of meetings/panels which the Cabinet Secretary participated in during the conference.

Response

I enclose a copy of the briefing for the ministerial visit and the engagement reports produced for most of the meetings. Some of the information within the briefing and engagement reports has been redacted because exemptions under sections 30(b)(i) (free and frank provision of advice), 32(1)(a) (substantial prejudice to international relations), 33(1)(b) (commercial interests) and 38(1)(b) of FOISA apply to that information. Some of the engagement reports have been withheld because an exemption under section 32(1)(a) (substantial prejudice to international relations) applies to that information.

Section 30(b)(i) – Free and frank provision of advice

An exemption under section 30(b)(i) of FOISA applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The 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 or course of action.

Disclosing the content of free and frank provision of advice within briefings and engagement reports would substantially inhibit such provision of advice in the future, and such advice relates to sensitive issues including relations with other countries.

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 consider wider sensitivities. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials when seeking to understand such situations as they arise, which in turn will undermine the quality of advice officials are able to provide to Ministers, which would not be in the public interest.

Section 32(1)(a) – International relations

An exemption under section 32(1)(a) of FOISA applies to some of the information requested because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and the government of other states. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other states. In this case, disclosing information about Scottish Government engagement with other countries at the Arctic Frontiers conference would substantially prejudice relations between the UK and these states because there is a need to maintain confidential dialogue in order to ensure that future engagement can take place in a spirit of trust and openness.

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 ensuring that the UK Government is able to maintain good relations with other states, in order to protect and promote UK interests. There can be no public interest in jeopardising those relations by the Scottish Government disclosing this information.

Section 33(1)(b) – Commercial interests

An exception under Section 33(1)(b) of FOISA applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information and thus cause substantial harm to the stakeholder’s commercial interests. Disclosing this information would be likely to prejudice our relations with the stakeholder and make it more difficult for future engagement to take place in a spirit of trust and openness.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government. However, there is a greater public interest in protecting the commercial interests of stakeholders with which we engage and to maintain engagement based on trust.

Section 38(1)(b) – Personal information

An exemption under section 38(1)(b) 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.

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FOI - 202300342130 - Briefing

File type

70 page PDF

File size

960.3 kB

FOI - 202300342130 - Information release

File type

20 page PDF

File size

426.6 kB