Minister for Energy attendance at the Arctic Circle conference in Reykjavik in October 2023: FOI release

Information requested

All briefing documents prepared in advance of Gillian Martin’s attendance at the Arctic Circle conference in Reykjavik in October 2023, and all transcripts/minutes/notes of speeches/meetings/panels which Gillian Martin participated in during the conference.

Response

I enclose the following information:

• Briefing notes submitted ahead of the Minister's visit
• Draft speaking notes
• Minutes of the meetings held during the visit

Please note that, due to unforeseen circumstances, there were a number of changes to Minister Martin's programme after the briefing had been prepared. Therefore, the notes supplied do not align entirely with the programme included in the briefing.

Exemptions
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) 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 officials to have a private space within which to advise Ministers. Disclosing the content of free and frank advice will substantially inhibit the space within which officials are able to provide free and frank advice to Ministers 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.

An exemption under section 32(1)(a) of FOISA (international relations) applies to some of the information requested because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and the governments 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 certain information about international relations with other states would substantially prejudice relations between the UK and those 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.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the companies with whom we engage to promote Scottish business interests. Disclosing this information would be likely to give reveal these companies’ priorities and intentions and thereby could give their competitors an advantage. 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 and transparent government. However, there is a greater public interest in protecting the commercial interests of companies with which we engage in promoting trade and investment in and with overseas markets.

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, professions and 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 202300381920 - Information Released - Documents

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