UK-US Trade deal correspondence: FOI release

Information requested

Any correspondence sent to or from the UK Government and the Scottish Government on the UK/US Trade deal announced on 8 May 2025.

Response

I enclose a copy of some of the information you requested in the attached annex.

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 the following sections of FOISA apply to that information.

• Section 32 (1)(a)(i) – Relations between the UK and any other state
• Section 30 (b)(ii) – Free and frank exchange of views
• Section 38 (1)(b) – Personal data relating to a third party
• Section 33 (1)(b) – Commercial Interests
• Section 30 ( c) - Otherwise prejudice effective conduct of public affairs
• Section 30 (b)(i) – Free and frank provision of advice
• Section 29 (1)(a) - Formulation or development of Scottish Government policy

The reasons why each of those exemptions apply are explained below.

Section 32 (1)(a)(i) – Relations between the UK and any other state

An exemption under section 32(1)(a)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(i) if disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State.

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 disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding substantial prejudice to UK-US trade negotiations, potentially damaging UK relations with the United States.

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

An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. Information is exempt under sections 30(b)(ii) if 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. We recognise 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 38(1)(b) – Personal data relating to a third party

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. Information is exempt under section 38(1)(b) if disclosure would contravene any of the data protection principles in Article 5(1) of the UK GDPR.

The 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.

Section 33 (1)(b) – Commercial Interests

An exemption under section 33(1)(b) of FOISA applies to some of the information you have requested. Information is exempt under section 33(1)(b) if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership.

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 disclosure would enhance public understanding of the commercial interests of Scottish stakeholders. However, this is outweighed by the public interest in preventing the inhibition of public authorities capacity to consult stakeholders confidentially.

Section 30 ( c) - otherwise prejudice effective conduct of public affairs

An exemption under section 30(c) of FOISA applies to some of the information you have requested. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

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 disclosure would enhance public scrutiny of intergovernmental engagement. However, this is outweighed by the public interest in preventing the release of sensitive information relating to intergovernmental work on trade negotiations with the USA, likely to substantially prejudice future effective intergovernmental engagement.

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

An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 30(b)(i) if 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. We recognise that there is some public interest in release, however this is outweighed by the public interest in preventing the inhibition of the free and frank provision of advice.

Section - 29 (1)(a) - formulation or development of Scottish Government policy

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Information is exempt under Section - 29 (1)(a) if it relates to the formulation or development of government policy.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

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 202500466388 - Information Released - Annex

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