Deputy First Minister's speech and briefing for the Glasgow All Energy Conference: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.


Information requested

On 14th May 2025, Deputy First Minister Kate Forbes addressed the All Energy conference in Glasgow. Please provide the text of Kate Forbes’ speech, and any other briefing documents prepared in advance of the event.

Response

I have included copies of the information you have requested in the attached documents.

Annex A

The following exceptions have been applied:

An exemption applies

An exemption(s) under section(s) 38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies to personal data relating to third parties.

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 applies, subject to the public interest test

Exemptions under section 30(b)(i) and 30(b)(ii) of FOISA (free and frank exchange of advice and views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on the Deputy First Minister’s All Energy attendance will substantially inhibit such briefing in the future.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice to Ministers in lines to take. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Exemptions under section 30(c) of FOISA (Otherwise prejudice effective conduct of public affairs) apply to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the conduct of public affairs. The exemptions recognise the need for officials to brief Ministers on public affairs. Disclosing the content of conduct of public affairs on the Deputy First Minister’s All Energy attendance will substantially inhibit such briefing in the future.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 conduct of public affairs.

Exemptions under section 33(1)(b) of FOISA (commercial interests) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the commercial interests of the Scottish Government and stakeholders. The exemptions recognise the need for Ministers to have a private space within which to seek advice from officials regarding commercial interests. Disclosing the content of commercial interests in the briefing material of the Deputy First Minister’s All Energy attendance will substantially inhibit relationships between Scottish Government and stakeholders in the future.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 information of commercial interests to Ministers. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, 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

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