Cabinet Secretary for Constitution, External Affairs and Culture’s materials from various engagements: FOI release

Information requested

All briefings and notes for the Cabinet Secretary for Constitution, External Affairs and Culture’s following engagements, held between 5-6 September 2024:

• Summer Reception of the Consular Corps in Scotland
• Ralph Goodale, Canadian High Commissioner to the UK
• Hajime Hayashi, Japanese Ambassador to the UK
• Micheál Martin, Tánaiste of Ireland

Response

I enclose a copy of most of the information you requested, including:

• Briefing for the Consular Corps summer reception
• Briefing and engagement report for the meeting with the Canadian High Commissioner
• Briefing and engagement report for the meeting with the Japanese Ambassador

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 28(1), 30(b)(i), 32(1) (a) and 38(1)(b) of FOISA apply to that information. The reasons why those exemptions apply are explained in Annex A.

The briefing and engagement report for the meeting with the Tánaiste of Ireland have previously been released in FOI 202400431100 - Meeting between Cabinet Secretary for the Constitution, External Affairs and Minister for Foreign Affairs and Minister of Defence of Ireland: FOI release - gov.scot

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

ANNEX A

Exemptions

Relations within the United Kingdom

An exemption under section 28(1) of FOISA 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 because information of this nature is shared by the UK Government with devolved administrations in confidence. 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. Disclosure of this information will mean that the UK Government is likely to be more reluctant to communicate as frequently and openly with the Scottish Government in future.

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 close working relationships 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 international relations. There is no public interest in disclosing information when that will damage relationships and disrupt future communications as that would impact the Scottish Government’s ability to engage effectively with governments from other countries.

Free and frank advice

An exemption under section 30(b)(i) of FOISA applies to some of the information requested. This exemption applies 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 exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before settling on a final approach to engagement. Disclosing the content of free and frank briefing material on engagement with other States will substantially inhibit such briefing in the future, particularly because these discussions relate to sensitive information such as the policies and politics of another government.

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 a private space within which officials can provide free and frank advice and views to Ministers in briefings. It is clearly in the public interest that Ministers can properly prepare for international engagements. 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.

International relations

An exemption under section 32(1)(a) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and Canada, and between the United Kingdom and Japan. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other States. In this case, information about UK Government engagement with another State was given to the Scottish Government on the understanding that it would be treated as being in confidence. If the Scottish Government does not respect this confidence, the UK Government’s relations with other States and its ability to protect and promote UK interests will be substantially prejudiced. Furthermore, discussions with other States are held on the assumption of confidentiality. States are likely to be more reluctant to engage and share sensitive information with Scotland or other parts of the United Kingdom in future, which would reduce both the frequency and openness of communications with the UK.

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 that the UK Government is able to maintain good relations with other States, in order to protect and promote UK interests abroad. There can be no public interest in jeopardising those relations by the Scottish Government disclosing confidential information or information which another State has asked us to withhold.

Personal information

An exemption under section 38(1)(b) of FOISA applies to some of the information requested because it is personal data of a third party, i.e. names and 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 202500483201 - Information released - Annex

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