First Minister and UK Foreign Secretary meeting information: FOI Review

Information requested

Original request 202500464890

1. All notes, briefings, minutes, readouts and communications related to the meeting between First Minister John Swinney MSP and UK Foreign Secretary David Lammy, MP, at King Charles St; in London on 11 March 2025.

2. Please include any communications with FCDO setting up the meeting in the run up to it and describing its intended purpose.

3. Please provide a list of dates and locations of any subsequent meetings between the two individuals following up the London meeting, including phone calls, and online communications.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for an internal review of Scottish Government's handling of my FOI request 'Scottish First Minister meeting with UK Foreign Secretary in London (11 March 2025)' to:

1. I challenge the interpretation of the scope of the request and the withholding of any information assessed as beyond scope of the request. I seek full disclosure of all redacted information considered outside scope in the disclosed documents.

2. I challenge the application of exemption(s) under section s.30(b)(i) of FOISA to material in the suggested speaking points in the First Minister's briefing for the meeting with the Foreign Secretary and any other records of the meeting,

3. It is already in the public domain that the Scottish FM discussed the Trump Turnberry Palestine Action incident with the UK FS in this specific London meeting, so I seek full disclosure of records held by the Scottish Government on this aspect of the meeting, and any mention of Eric Trump and the expected Trump Organization visit to Scotland in the same week.

I have concluded that the original decision should be confirmed, with modifications. I enclose a copy of some of the information you requested at Annex A to this letter. In the course of this review three additional documents have been identified for partial release, these are document numbers 8-10 in the attached information.

In response to question 1, I have reviewed the application of these exemptions and concluded that some additional information is in scope. This information included in Annex A to this letter. You may wish to note that the meeting between the First Minister and the Foreign Secretary was one of a series of engagements that the First Minister undertook in London. The information which remains withheld as out of scope relates to different engagements.

In response to question 2 the application of exemption s30(b)(i) has been reconsidered. Some additional information is being released from the suggested speaking points in the First Minister’s briefing for the meeting with the Foreign Secretary. This information included in Annex A to this letter.

Exemption(s) under section s.38(1)(b) of FOISA applies to some the information you have requested. This is because it relates to the personal data of civil servants below Senior Civil Service grades. 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. Exemption(s) under section s.30(b)(i) of FOISA (free and frank advice) applies to some the information you have requested.

Information is exempt under sections 30(b)(i) if disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This relates to some of the material in the suggested speaking points in the First Minister's briefing for the meeting with the Foreign Secretary and other information discussed by email. This information is exempt as it's judged that if released, this disclosure would have an inhibiting effect on the provision of advice or on the exchange on views.

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 to some of the speaker’s note. We recognise that there is some public interest in release because of the importance of freedom of information and for government officials to work in an open and transparent manner. However, this is outweighed by the public interest in protecting the effective conduct of public affairs.

Exemptions under section 30(b)(ii) of FOISA (free and frank exchange of 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 press statement is used. Disclosing the content of free and frank briefing during the development of communications will substantially inhibit such briefing in the future, particularly because the information covers discussion before the meeting took place. 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 developing press statements. It is clearly in the public interest that Ministers can properly communicate their activities. They need full and candid advice from officials to enable them to do so. Disclosure of drafts 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.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some the information requested. Disclosing this information would substantially prejudice our ability to conduct safe and secure First Minister visits because information about security arrangements would be made public. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the process of maintaining First Minister’s security and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

An exemption under section 39(i) (health and safety) applies to some information requested. Disclosing this information would be likely to endanger an individual’s health or safety because it concerns the First Minister’s security arrangements.

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. However, there is a greater public interest in protecting the process of maintaining First Minister’s security and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

In relation to question 3, I can advise that none of the information being withheld in response to your FOI request 'Scottish First Minister meeting with UK Foreign Secretary in London (11 March 2025)’ relates to the Trump Turnberry Palestine Action incident or mentions Eric Trump. This is a formal notice under section 17 (1) of FOISA that the Scottish Government does not hold the information you have requested.

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 202500468646 - Information released - Annex A

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