Documentation regarding the United Nations Relief and Works Agency for Palestine Refugees and Israel and the international criminal court: FOI release

Information requested

1. Could you supply all documentation held by the Scottish Government which mentions or is to/from the United Nations Relief and Works Agency for Palestine Refugees, including correspondence sent and received, reports into funding it, minutes/notes from meetings, briefings, from the last three months?

2. Could you supply all documentation held by the Scottish Government which mentions Israel and the international criminal court, including correspondence sent and received, reports into funding it, minutes/notes from meetings, briefings, from the last three months?

Response

I enclose a copy of some of the information you requested attached to this correspondence in Annex A for Q1 and Annex B for Q2.

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.28(1) (Relations within the UK), s.30(b)(i) (Free and frank provision of advice), s.30(b)(ii) (Free and frank provision of views), s.30(c) (Otherwise prejudice effective conduct of public affairs), and s.38(1)(b) (Personal data relating to third party) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

s.28(1) (Relations within the UK) applies to information received in confidence from the UK government and information from the meeting between Cabinet Secretary for Constitution, External Affairs and Culture and the Minister of State for Development on 22 January 2025.

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 of the interest in open and transparent government. However, this is outweighed by the public interest in the Scottish and UK Governments being able to share information and speak freely to each other.

s.30(b)(i) (Free and frank provision of advice) applies to information where advice is given between officials and between officials and Scottish 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. We recognise that there is some public interest in release because of the interest in open and transparent government. However, this is outweighed by the public interest in officials and Ministers having the free space to provide advice.

s.30(b)(ii) (Free and frank provision of views) applies to information where views are given for the purposes of deliberation between officials as well as officials and Scottish 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. We recognise that there is some public interest in release because of the interest in open and transparent government. However, this is outweighed by the public interest in officials and Ministers having the free space to exchange views and deliberate freely.

s.30(c) (Otherwise prejudice effective conduct of public affairs) applies to information in briefings that are in scope of this request. These briefings are advice on how to handle issues on that day in the event that they arise.

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 of the interest in open and transparent government. However, this is outweighed by the public interest in officials and Ministers being able to engage in free and frank discussions with Scottish Ministers ensuring they're well-briefed across a broad range of issues.

s.38(1)(b) (Personal data relating to third party) applies to information containing the names and identifiers of non-senior Civil Servants

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.

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 202500454369 - Information released - Annex A

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PDF

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141.1 kB

FOI 202500454369 - Information released - Annex B

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PDF

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242.4 kB