Correspondence between the Scottish Government and the British Ambassador to the United States: FOI release

Information requested

All correspondence sent and received between the Scottish Government and Peter Mandelson, and all minutes/notes from meetings between the government and Peter Mandelson, from the last three months?

Response

I enclose a copy of some of the information you requested at Release Annex A.

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 section 30(b)(ii), substantial inhibition to free and frank exchange of views and section 28(1), substantial prejudice to UK relations with the Scottish Government, apply to some of the information. The reasons why these exemptions apply is outlined below.

Reasons exemptions apply

An exemption under section 30(b)(ii), substantial inhibition to free and frank exchange of views, applies to some of the information requested because it relates to elements of a discussion which, while minuted, were given within the context of a private meeting during which topics of sensitivity were discussed on the expectation that they were done so within a space for free and frank exchange of views. This exemption recognises the need for Ministers to have a private space within which to discuss issues with stakeholders, including UK representative counterparts, before the Scottish Government reaches a settled public view.

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 to support openness and transparency of government. However, this is outweighed by the public interest in protecting a sphere within which Ministers and diplomatic representatives can freely and frankly discuss issues without inhibition as a result of concerns around their potential disclosure.

An exemption under section 28(1) substantial prejudice to relations within the UK applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and its representatives. The release of these communications relating to this introductory engagement between the First Minister and the UK Ambassdor to the US will mean that the UK Government is likely to be more reluctant to engage in such a way or share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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 maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

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 - 202500461355 - Information released - Annex A

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