First Minister and Acting Cabinet Secretary for Net Zero and Energy NESO Board Meeting: FOI release

Information requested

“On 21st May 2025, John Swinney and Gillian Martin met with NESO board members in Glasgow.

Please provide all briefing materials prepared ahead of this meeting, and any notes/minutes recording what was discussed at the meeting.”

Response

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

The following exemptions 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 supporting officials.

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 sections 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 and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views 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 provided to the First Minister and Cabinet Secretary NZE will substantially inhibit such briefing in the future, particularly because this discussion relates to a sensitive issue where the UK Government are still to make a final decision.

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 and views 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.

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 202500467656 - Information Released - Annex

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