Civic Gathering correspondence, attendees and costs: FOI release

Information requested

Your request 202500463138 asked for a full list of attendees of the Civic Gathering of 23rd April 2025 and any cost associated with the summit.

Your request 202500463132 asked for:

1. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the First Minister and attendees of the summit regarding the summit. Information including, but not limited to a detailed timeline (with dates) of any contact between these individuals. And this information between the dates of 1 February 2025 and 24 April 2025 inclusive.

2. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the First Minister and Scottish Government Officials with a rank of Deputy Director or higher regarding the summit. Information including but not be limited to a detailed timeline (with dates) of any contact between these individuals. And this information between the dates of 1 February 2025 and 24 April 2025 inclusive.

Response

On request 202500463138 on the list of attendees that attended the meeting, I am advising you that under Section 27(1) of FOISA applies to the information. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks.

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 hight profile of this event and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date. Each invitee is issued the same information in their invitation - "It is the practice of the Scottish Government to routinely publish the names of guests who have accepted an invitation to attend events hosted by Scottish Ministers." There are no plans to bring forward the release of this information.

Detail on Ministerial engagements proactively published in line with the Scottish Ministerial Code 3 months in arrears. The information will be available at: Ministerial engagements, travel and gifts - gov.scot If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

On costs associated with the summit, I can confirm the costs (incl tax) were £10,213.98.

On request 202500463138 for correspondence between the office of the First Minister and attendees of the summit regarding the summit, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because exemptions under sections s.27(1) (information intended for future publication), s.38(1)(b) (personal information) of FOISA applies to that information.

On attendees of the summit, an exemption under section 38(1)(b) of FOISA (personal information) applies to this information requested because it is personal data of a third party, i.e. the name, organisation, and title of any invitee that was invited or declined their invitation 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. Only by accepting the invitation do invitees consent to this personal data being made public. 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.

In request 202500463138 you asked for correspondence between the office of the First Minister and Scottish Government Officials with a rank of Deputy Director or higher regarding the summit, and a timeline of contact between these individuals. And this information between the dates of 1 February 2025 and 24 April 2025 inclusive. I can confirm that Scottish Government does hold information within the scope of this part of the request, but that exemptions under section 30(b)(i) (free and frank provision of advice), and section 30(c) (prejudice to effective conduct of public affairs), of the Freedom of Information (Scotland) Act 2002 apply to some of the information sought.

The process of preparing and briefing for the summit allows the First Minister to be fully briefed on issues relating to it, and gives scope for officials to brief in detail to allow the First Minister to decide how he wished to proceed. To limit the ability brief the First Minister on these issues would inhibit the quality and detail of the advice provided to the First Minister. Disclosure of this information would therefore impact negatively on the business of Scottish Government and would limit the quality and detail of the advice on which the First Minister would be able make decisions on the approach, content and attendees of the summit. I therefore conclude that disclosure of the information you have requested would be significantly prejudicial to the effective conduct of public affairs under s30(c) of FOISA (prejudice to effective conduct of public affairs).

In considering the public interest test for s30(c) (prejudice to effective conduct of public affairs), disclosure of this information could lead to a reduction in the comprehensiveness and frankness of such advice and views and prejudice the effective conduct of public affairs. Disclosure would restrain, decrease or suppress the freedom with which opinions or options are expressed in the briefing space, and this would not be in the public interest. I therefore conclude, in this case that the public interest lies in favour of upholding exemptions under section s30(c) of FOISA in respect of the information sought.

I am also withholding that information under section 30(b)(i) (free and frank provision of advice), as the briefing process provides a private space within which the First Minister can seek and receive open and candid advice and views from officials. It provides a confidential briefing space where the First Minister can interrogate, scrutinise and challenge briefing from policy officials. It provides a confidential space where officials can and give a free and frank assessment of policy positions and options for the First Minister to consider. The First Minister used this to reach settled public positions on the summit and its discussions.

In considering the public interest test for section 30(b)(i) (free and frank provision of advice), there is also a public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in briefing for events, and therefore ensuring the effective conduct of public affairs. It is strongly in the public interest that Ministers can receive full, candid, detailed and relevant advice from officials. I therefore conclude, in this case that the public interest lies in favour of applying an exemption under s30(b)(i) of FOISA in respect of the information sought.

On the timeline of the exchanges of information in scope of your request 202500463138, a schedule containing this information is attached at Annex A.

I am also applying an exemption under section 38(1)(b) of FOISA (personal information) to some of the information requested because it is personal data of a third party, i.e. the name, organisation, and title of any invitee to the summit. Disclosing this information 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. Only by accepting the invitation do invitees consent to this personal data being made public. 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.

ANNEX A

FM Gathering – Engagement with FM office

Date	Format	Participants
Thursday 20 February	In-person meeting	FM, special advisers, and officials
Wednesday 5 March	Online meeting	FMPO and officials
Thursday 27 March	In-person meeting	FM, special advisers, and officials
Wednesday 2 April	Online meeting	FMPO and officials
Thursday 3 April	In-person meeting	FM, special advisers, and officials
Wednesday 15 April	Online meeting	FMPO and officials
Monday 21 April	Online meeting	FM and officials
Tuesday 22 April	Online meeting	FMPO and officials

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.