Minutes of External Affairs Secretary meeting and Deputy Ambassador of Israel: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

1) Please can the Scottish Government provide minutes of the meeting between Angus Robertson and Daniela Grudsky, Israel's deputy ambassador to the UK, on 8 August 2024. This should include all draft minutes (created on 9 August 2024 and 14 August 2024) as well as the final agreed minutes on 30 August 2024.

2) Please also provide details of any correspondence relating to the minutes among Scottish government officials and ministers, including any suggested revisions.

Response

I enclose a copy of some of the information you requested attached to this email in Annex A.

I have interpreted your second request to be seeking any information that contains anything substantive on the content of the minutes, i.e to the process of drafting and finalising the minutes.

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 an exemptions under sections 30(b)(ii) - Substantial inhibition to free and frank exchange of views, 30(c) - Substantial prejudice to effective conduct of public affairs, 32(1)(a)(i) - Substantial prejudice to international relations, and 38(1)(b) - Third party personal data of FOISA applies to that information. The reasons why those exemptions apply are explained below.

An exemption under section 30(b)(ii) - Substantial inhibition to free and frank exchange of views of FOISA applies to some of the information you have requested. This applies to information from the Cabinet Secretary for Constitution, External Affairs and Culture's Private Office to Scottish Government officials with feedback on the first draft of the meeting note. It applies so as to protect the private space for officials and ministers to share free and frank views as part of the drafting process.

​​​​​​​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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in allowing a private space within which officials and Ministers can provide free and frank views to one another as part of the drafting process for government documents.

​​​​​​​An exemption under section 30(c) - Substantial prejudice to effective conduct of public affairs of FOISA applies to some of the information you have requested. This applies to information within the meeting minutes and draft minutes.

​​​​​​​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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in protecting the space for ministers and officials to engage in full and frank discussions with their counterparts in other states.

​​​​​​​An exemption under section 32(1)(a)(i) - Substantial prejudice to international relations of FOISA applies to some of the information you have requested. This applies to information within the meeting minute and draft minutes.

​​​​​​​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 interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in the UK maintaining relations with the states it engages with. It is highly likely that releasing such information would result in substantial prejudice to the UK-Israel relationship.

​​​​​​​An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. This applies to personal information of non-senior civil servants and Israeli Embassy staff.

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.

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 202500467390 - Information Released - Annex A

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

Back to top