Preparatory work completed by Scottish Government regarding USA tariffs: FOI release

Information requested

On BBC Good Morning Scotland on April 3, Kate Forbes said that the Scottish Government had done 'preparatory work' on potential tariffs from the USA, could you supply this preparatory work which was undertaken?

Response

I enclose a copy of most of the information you requested. Please find this information in the documents attached.

In the context of the interview on Good Morning Scotland, we have interpreted your request as looking for preparatory work in relation to potential impacts to the Scottish economy of US tariffs, and the analysis SG undertook, ahead of 3rd April 2025. We have also reasonably assumed a time period of between 5 November 2024, when the Presidential election took place, to the 3 April, the date of the Good Morning Scotland interview.

Some of the information you have requested is available from published HMRC Regional Trade Statistics and also from Exports Statistics Scotland:

• Regional Trade Statistics UK's international trade in goods at summary and product level
• Exports statistics Scotland 2021 - gov.scot

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 websites 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 the Scottish Government does not have some of the information you have requested. This information is held by the UK Government and is not part of the Scottish Government corporate record. However, you may wish to contact the Cabinet Office or Department for Business and Trade who may be able to help you.

In this instance we are also unable to provide some of the information you have requested because exemptions under the following sections of FOISA applies to that information:

• Section 28(1) Relations within the UK Section 29(1)(a) Formulation/development of government policy
• Section 29(1)(b) Ministerial communications
• Section 30(b)(i) Free and frank provision of advice
• Section 30(b)(ii) Free and frank exchange of views
• Section 33(1)(b) Substantial prejudice to commercial interests
• Section 38(1)(b) Personal data relating to a third party
• Some of the information has also been removed which was out of scope of the request.

The reasons why the exemptions apply are explained below:

Section 28 (1) – Relations within the UK

An exemption under section 28(1) of FOISA (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.

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 as part of open, transparent and accountable government. However, this is outweighed by the public interest in maintaining close working relationships between the Scottish Government and the UK Government. There is no public interest in disclosing information that will damage relationships and disrupt future communications.

Section 29(1)(a) – Formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s trade analysis.

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 greater public interest in high quality and accurate analysis than in preliminary information which is still under development and has not yet been quality assured.

Section 29(1)(b) – Ministerial communications

An exemption under section 29(1)(b) of FOISA (Ministerial communications) applies to some of the information requested because it relates to communications between 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 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 allowing Ministers a private space within which issues can be explored and properly considered.

Section 30(b)(i) – Free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the 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.

This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future.

Section 30(b)(ii) – Free and frank exchange of views

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested.This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.

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.

This exemption recognises that there is some public interest in release because disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in preventing the inhibition of the free and frank exchange of views for the purposes of deliberation.

Section 33(1)(b) – Commercial interests

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 and investment interests of companies based in Scotland.

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.

This exemption recognises that there is a public interest in disclosing information as part of open and transparent government. However, there is no public interest in releasing information which might damage the commercial or investment interests of companies based in Scotland.

Section 38(1)(b) – Personal data relating to a third party

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, including names and contact details, 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.

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FOI 202500461356 - Information Released - Annex

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