Correspondence regarding Donald and Eric Trump: FOI release

Information requested

• Emails sent by Scottish Government ministers, or on their behalf, about or mentioning Donald or Eric Trump between November 19 and November 22, 2024.
• Any emails sent by Scottish Government officials about or mentioning Donald or Eric Trump between November 19 and November 22, 2024.

Response

I enclose a copy of most of the information you 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 of exemptions under sections s.38(1)(b) (personal information), s.32(1)(a)(i) (UK's relationship with other states), s.30(b)(i) (free and frank provision of advice), s.33(2)(a) (UK economic interests), and s.30(c) (effective conduct of public affairs).

The reasons why these exemptions apply are explained below:

s.38(1)(b) (personal information)
We are obligated to protect personal information from staff and stakeholders. 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.

s.32(1)(a)(i) (UK's relationship with other states)
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 because there is much speculation about how governments are reacting to Donald Trump's re-election. However, this is outweighed by the public interest in ensuring the UK maintains good relations with the USA, which may be impacted should advice given to ministers in private be disclosed to the public.

s.30(b)(i) (free and frank provision of advice)
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 because there is a general interest in ensuring open and transparent government. However, this is outweighed by the public interest in ensuring that officials can provide honest advice to ministers for deliberation in private.

s.33(2)(a) (UK economic interests)
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 because there is an interest in how the government identify and respond to financial and economic opportunities or risks. However, this is outweighed by the public interest in allowing governments to consider economic issues in private to avoid pre-maturely influencing the behaviours of other stakeholders.

s.30(c) (effective conduct of public affairs)
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 because there is a general interest in open and transparent government. However, this is outweighed by the public interest in allowing ministers a private space to deliberate and comment the development of public policy and reported news.

s.29(1)(d) (operation of any ministerial private office)
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 because there is a general interest in open and transparent government. However, this is outweighed by the public interest in ensuring ministers benefit from being able to operate personal administration through their office teams in private.

About FOI

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

FOI 202500446995 - Information released - Annex

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