Cabinet Secretary's visit to Berlin in December 2022: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
All briefing documents prepared in advance of Cabinet Secretary Angus Robertson’s visit to Berlin in December 2022, and all notes of meetings during the visit.
Response
I enclose a copy of the briefing for the ministerial visit and the engagement reports produced for the meetings. Some of the information within the briefing and engagement reports has been redacted because exemptions under sections 28(1) (relations within the UK), 30(b)(i) (free and frank provision of advice), 32(1)(a) (substantial prejudice to international relations) and 38(1)(b) (personal information) of FOISA apply to that information.
Section 28(1) – Relations within the UK
An exemption under section 28(1) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government as it would reveal candid internal discussion about the other administration’s policies. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government and the UK Government. Disclosure of this information will mean that the UK Government is likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.
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 maintaining close working relationships between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as engagement with international partners. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.
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 and policy which has not yet been made public.
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 UK 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 Germany would substantially prejudice relations between the UK and Germany 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 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.
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.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
There is a problem
Thanks for your feedback