Meetings attended by the First Minister at Tartan Week: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
I understand that First Minister John Swinney attended New York City Tartan Week on behalf of the Scottish Government. Please provide me with:
1. A list of meetings attended by the First Minster, along with all other attendees of these meetings.
2. A list of any other meetings attended by Scottish Government officials.
3. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) sent by the office of the First Minister relating to meetings attended at NYC Tartan Week. Information should include but not be limited to a detailed timeline (with dates) of any contact between the office of the First Minister, relating to meetings attended at NYC Tartan Week. Please provide this information between the dates of 1 January 2025 and 9 April 2025 inclusive.
Response
I enclose a copy of most of the information you requested attached as Annexes A, B and C.
An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This is because some of the information you have requested (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) are the personal data of a third party.
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.
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the company referred to in the report.
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 protecting the commercial interests of companies considering investment in Scotland to ensure that we do not prejudice commercial decisions which may lead to economic growth and increased employment in Scotland.
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. 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 the other devolved administrations. Disclosure of this information will mean that the UK Government would be likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.
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 close working relationships 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 as that may impact on the effectiveness of future policy development and implementation work.
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 recognises the need for officials to have a private space within which to provide free and frank advice to Ministers. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future.
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 a private space within which officials can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy/decision making process, which would not be in the public interest.
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.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG