First Minister phone call with Taoiseach documentation: FOI release

Information requested

All documentation held surrounding John Swinney's phone call with Micheal Martin, the Taoiseach, on February 4, including email correspondence sent and received (including internal), minutes/notes from the call and briefings relating to it.

Response

I enclose a copy of most of the information you requested.

Some of the information you have requested is contained within the letter from the First Minister to the Taoiseach which was published on the gov.scot website on 23 January 2025. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 exemptions under sections s.38(1)(b) (Personal data); s.30(b)(i) (Free and frank provision of advice); s.30(c) (Prejudice effective conduct of public affairs); s.29(1)(a) (Formulation of Scottish Government Policy); and s.29(1)(d) (Operation of any ministerial private office) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

s.38(1)(b) (Personal data)

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.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 open and transparent government and the relationship between the Scottish and Irish governments. However, this is outweighed by the public interest in ensuring officials can provide ministers with a variety of advice for private consideration before reaching a final outcome.

s.30(c) (Prejudice 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 and the relationship between the Scottish and Irish governments. However, this is outweighed by the public interest in ensuring that ministers and officials are able to effectively develop responses in private to finalise options which are published later.

s.29(1)(a) (Formulation of Scottish Government Policy)

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 and the relationship between the Scottish and Irish governments. However, this is outweighed by the public interest in ensuring that the Scottish Government has the ability to make effective policy decisions and explore options in private before reaching a conclusion.

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 and the relationship between the Scottish and Irish governments. However, this is outweighed by the public interest in ensuring ministers have the freedom to fulfil their responsibilities effectively, which includes how they decide to run their private office.

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 202500452337 - Information released - Annex

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