Meetings between Scottish Government and UK Government regarding GB Energy: FOI release

Information requested

How many meetings has the Scottish Government held with the UK Government about GB Energy in the last three months, and can you supply the minutes/notes from these meetings?

Response

I enclose a copy of some of the information you requested.

The Scottish Government can confirm that it held 30 meetings with the UK Government about GB Energy between 10 March 2025 and 10 June 2025. Additionally, throughout this period, there were two series of meetings in the diary with UKG on GBE on a weekly basis; these did not always go ahead for various reasons and we do not hold the information to confirm the specific number which occurred.

I have attached the minutes/notes that the Scottish Government holds from these meetings. Four of these documents are transcripts that have been taken from handwritten notes that were made by attendees at the following meetings:

• Meeting on 09 May Jonathon Griffith: Deputy Director GBE, Department for Energy Security and Net Zero (DESNZ)
• GBE supply chain roundtable meeting on 15 May
• Statement of Strategic Priorities meeting with DESNZ on 22 May
• GB Energy local meetings with DESNZ (covering 14 May, 21 May and 28 May)

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 sections s.29(1)(a) (formulation or development of Scottish Government policy), s.30(b)(ii) (free and frank exchange of views), s.33(1)(b) (commercial interests), and s.38(1)(b) (personal data relating to third party) of FOISA applies to that information. The reasons why those exemptions apply are explained below.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. the names of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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 under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications about GB Energy will mean that the UK Government is likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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 maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as GB Energy. There is no public interest in disclosing information when that risks damaging relationships and disrupting future communications.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation of the Scottish Government’s policy on strategic priorities for renewable energy and alignment with UK 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 on strategic priorities for renewable energy and alignment with UK Government policy 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. 

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would impact on the commercial interests of Great British Energy, the enterprise agencies and companies that they support Premature disclosure of this information could undermine the potential for investments which may have a wider impact on the Scottish economy.

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 and transparent government. However, there is a greater public interest in protecting the commercial interests of public bodies that seek to invest government funds.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these discussions with the UK Government on the Scottish Government’s approach would substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly while these discussions are still ongoing and decisions have not been taken.

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 allowing officials a private space within which to communicate with appropriate external stakeholders as part of the process exploring and refining the Government’s position on engagement with GB Energy, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision-making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, but those comments were made public.

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 202500470018 - Information released - Annex

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