First Minister and President of the United States meeting and gift information: FOI release

Information requested

Any briefing notes provided to the First Minister ahead of his meetings with Donald Trump during his visit to Scotland.

Invoices for the cost of the gifts given to President Trump by the First Minister.

Minutes of the meeting between the First Minister and President Trump during his visit.

Response

Briefing notes and meeting minutes

I enclose a copy of most of the information you requested. This can be found at Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.

An exemption under section 30(b)(i), free and frank provision of advice, of FOISA applies to some of the information that you requested. The reason section 30(b) applies to the information requested is because disclosure of information 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 exemptions. 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 disclosing information on UK relations as part of open government and transparency. However, this is outweighed by the public interest in protecting free and frank exchange of advice that enables Ministers and officials to conduct business and come to decisions, releasing advice provided would disrupt this process.

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 Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue.

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.

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 Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue.

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.

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 ensuring the protection of the Uk’s interests abroad.

An exemption under section 33(1)(b), commercial interests, of FOISA applies to some of the information you requested. The reason section 33(1)(b) applies to the information requested is because 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 exemptions. 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 disclosing information as part of open government and transparency. However, this is outweighed by the public interest in ensuring the smooth and safe operation of the commercial interests of Scottish organisations.

Invoices for the cost of the gifts given to President Trump by the First Minister

I enclose a copy of most of the information you requested. This can be found at Annex B.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.

An exemption under section 38(1)(b), personal information, of FOISA applies to some of the information you requested because it is personal data of a third party (i.e. names/contact details 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.

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 202500479223 - Information released - Annex A and B

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1.2 MB