Details of First Minister's meeting with the Speaker of Lok Sabha, India: FOI release

Information requested

Your request relates to the meeting between John Swinney, the First Minister of Scotland and Om Birla, Speaker of Lok Sabha, India on 8 January 2025. In your request you specifically asked for the following:

- A full list of attendees, including the full names and titles of each attendee, as well as who each attendee represents
- The exact time and duration of when the meeting took place
- The location of the meeting
- A copy of the agenda for the meeting
- Materials that were handed out and received during the meeting, such as presentation slides, brochures, reports, and leaflets
- Minutes taken during the meeting, as well as any accompanying briefing notes and papers
- Details of gifts exchanged by the two leaders, if any.

Response

We enclose a copy of most of the information -

Information Requested	Annex
A full list of attendees, including the full names and titles of each attendee, as well as who each attendee represents	A
The exact time and duration of when the meeting took place	A
The location of the meeting	A
A copy of the agenda for the meeting	B
Materials that were handed out and received during the meeting, such as presentation slides, brochures, reports, and leaflets	N/A – no materials handed out or received.
Minutes taken during the meeting, as well as any accompanying briefing notes and papers	B – Briefing Note C – Minute
Details of gifts exchanged by the two leaders, if any	*See Part A and Part B at the bottom of this letter.

An exemption under section 30(b)(ii) (free and frank exchange of views) applies to some of the information requested because disclosure of this content would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation, and have a prejudicial effect on the effective conduct of public affairs within the Scottish Government. Disclosing the content and structure of free and frank briefing material provided to the First Minister would substantially inhibit such briefing in the future.

The above 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemption for the advice.

An exemption under section 32(1)(a) of FOISA (international relations) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and the Government of India. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States. In this case, the information was given to the Scottish Government on the understanding that it would be treated as being in confidence. If the Scottish Government does not respect this confidence, the UK Government’s relations with other States and its ability to protect and promote UK interests will be substantially prejudiced. States such as India, are likely to be more reluctant to share sensitive information, with Scotland or other parts of the United Kingdom in future, which would reduce both the frequency and openness of communications with the UK.

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 abroad. There can be no public interest in jeopardising those relations by the Scottish Government disclosing confidential information or information which another State has specifically asked us to withhold.

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 companies and organisations being considered to provide commercial services.

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. There is a vital public interest in allowing Scottish Ministers and officials a private space within which to engage in full and frank discussions with their counterparts in other States. Such discussion makes for better quality and better informed policies and decisions on issues with an international dimension, and aids the protection and promotion of UK interests abroad. Inappropriate disclosure is likely to damage other States’ confidence and trust in the UK and thus undermine future discussions and international relations more generally. There is no public interest in releasing information which might damage UK interests and/or the commercial interests of UK companies.

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, ie names 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.

Regarding your request for ‘details of gifts exchanged by the two leaders, if any ‘ –

Part A - In relation to gifts received by the First Minister -

• an exemption under section 27(1) of FOISA applies to some of the information you have requested where it relates to gifts of a value of £140 or more. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. As set out in the Scottish Ministerial Code (2024) gifts of a value of £140 or more are recorded by the Scottish Government. As per section 3.27, the Scottish Government will publish on a quarterly basis, a list of Ministerial Engagements, Travel and Gifts three months in arrears. The information you have requested will therefore be published shortly and within 12 weeks of your request, and will be available at the link:

Ministerial engagements, travel and gifts - gov.scot (https://www.gov.scot/collections/ministerialengagements- travel-and-gifts/)

If, however, you do not have internet access to obtain this information from the website listed, then please contact us again and we will send you a paper copy.

• An exemption under section 17(1) of FOISA applies to some of the information that you have requested where it relates to gifts under the value of £140. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested because information regarding any Ministerial gifts under the value of £140 is not recorded by the Scottish Government.

Part B - In relation to gifts offered by the First Minister, we can confirm that the First Minister’s team gave Mr Om Birla, Speaker of the Lok Sabha, a wooden quaich made by the Grassmarket Community Project.

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 202500453156 - Information released - Annex

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