Meetings between Scottish Government ministers and ADS Group Ltd: FOI Review

Information requested

Original request 202500478677

Minutes for all meetings between Scottish Government ministers and ADS Group Ltd, since 7 October 2023.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of the information withheld, in relation to the application of the public interest test.

Specifically you requested: "I contest that you have come to the wrong conclusion in applying the public interest test to the information withheld under the relevant provisions of the Act. It is a matter of public record that ADS has lobbied the Scottish Government on issues such as the Palestine Action protest group and policing. It is also a matter of public record that ADS has lobbied the Scottish Government on weapons manufacturing. These are all controversial areas that are the subject of press coverage and parliamentary questions.

The information released shows that ADS thanked the Deputy First Minister for her "representation" of the arms industry. The public deserves to know the full extent of what this representation entailed. It is therefore in the public interest that members of the public are able to view the full picture of this organisation's lobbying of the Scottish Government"

I have concluded I have concluded that the original decision should be confirmed, with modifications.

This response is in three parts;

1. Exemptions upheld

Some of the information requested is subject to an exemption under s33(1)(b) of FOISA (Substantial prejudice to commercial interests). This exemption applies because disclosure of this data could cause substantial prejudice to the commercial interests of a person or organisation involved in commercial negotiations.

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. I recognise that there is public interest in the release of information relating to economic development, and for reasons of openness, transparency and accountability, however this is outweighed by the need to permit organisations to develop strategic plans in confidence without endangering commercially sensitive negotiations.

2. Exemptions overturned

Having reviewed the information I have decided that exemptions under sections 30(b)i and 30(c) of FOISA are not applicable. However, I consider some of the information originally withheld under sections 30(b)i, 30(b)ii and 30(c) to remain exempt under 30 (b)ii.

An exemption under section 30(b)ii of FOISA (Free and Frank exchange of views), applies to some of the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers 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 on the operation of Scottish Government will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue such as relationships with trade bodies.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of not upholding the exemption. I recognise that there is some public interest in release because there is a need for transparency around how government operates, and the passage of time on some issues reduces the likely substantial inhibition of views. I am therefore releasing this information in the attached document.

3.Further Information

Finally, your request for review stated that: "The information released shows that ADS thanked the Deputy First Minister for her "representation" of the arms industry. The public deserves to know the full extent of what this representation entailed.

It is therefore in the public interest that members of the public are able to view the full picture of this organisation's lobbying of the Scottish Government"

As this review only considers the original information requested, which was; "Minutes of all meetings between Scottish Government ministers and ADS Group Ltd, since 7 October 2023", I am unable to provide a review of any possible further material related to lobbying of the Scottish Government by ADS.

You may wish to submit a further request for information, which sets out what material and in what time frame, you are seeking to access.

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 202500482617 - Information released - Document

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