Donations to UNRWA for Gaza: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

  1. All documents (inc emails and minutes) available from the decision making process which led to mak[ing] the two individual donations (to the UNRWA).
  2. Any documentation which proves UNRWA and/or Gaza are suitable recipients for any grants/donations from the International Development Fund

Response

I enclose a copy of most of the information you requested in the format you asked for. The attached Annex A contains emails which contain records of Ministerial decisions, as well as submissions provided to the Minister for Culture, Europe & International Development and the First Minister, by Scottish Government officials. Please note, the emails and submissions in the attached Annex serve to answer both your first and second questions.

In the context of your first question: the two individual donations to the UNRWA were approved by Christina McKelvie, who was at the time the Minister for Culture, Europe, & International Development. In considering these donations, Ms McKelvie considered submissions written by Scottish Government officials, which contained detailed information and advice on the different options available.

In the context of your second question: you will see that these submissions include advice on the context and issues of the current increased humanitarian needs in Gaza, as well as detailed options considered for which organisations would be most appropriate to receive Scottish Government funding, including the UNRWA.

Exemptions

An exemption under section 38(1)(b) of FOISA applies to some of the information you 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.

An exemption under section 30(b)(i) and (ii) of FOISA applies to some of the information you requested. Information is exempt under sections 30(b) if disclosure would, or would be likely to, inhibit substantially: (i) the free and frank provision of advice (section 30(b)(i)) or (ii) the free and frank exchange of views for the purposes of deliberation (section 30(b)(ii)). In this case, the exemption applies because it relates to parts of the attached documents that contain the free and frank provision of advice from Scottish Government advice from Scottish Government officials to ministers. 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 applies to some of the information you requested. Information is exempt from disclosure if disclosure would, or would be likely to, prejudice substantially – (i) relations between the UK and any other State; (ii) relations between the UK and any international organisation or international court; (iii) the interests of the UK abroad; or (iv) the promotion or protection by the UK of its interests abroad. In this case, the exemption applies because it relates to content within the attached documents which references programmes or relationships between Scotland and 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.

An exemption under Section 28(1) of FOISA applies to some of the information you requested. Information is exempt from disclosure where disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK (e.g. between Westminster and Holyrood). In this case, the exemption applies because it relates to content in the attached which relates to the UK Government. 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.

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.

FOI 202400396149 - Information Released - Annex A

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

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