Documentation on the First Minister's statement on the situation in Gaza: FOI release

Information requested

Any briefing or speaking notes provided to the First Minister ahead of his statement on Wednesday 3 September 2025 on the Situation in Gaza, or the Scottish Government debate on Palestine.

Any briefing or speaking notes provided to any other cabinet minister ahead of the statement on Wednesday 3 September 2025 on the Situation in Gaza, or the Scottish Government debate on Palestine.

Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the First Minister and the office of the Cabinet Secretary for Constitution, External Affairs and Culture regarding the statement on Wednesday 3 September 2025 on the Situation in Gaza, or the Scottish Government debate on Palestine. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 July 2025 and 3 September 2025 inclusive.

Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between Scottish Government officials with a rank of deputy director or higher regarding the statement on Wednesday 3 September 2025 on the Situation in Gaza, or the Scottish Government debate on Palestine. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 July 2025 and 3 September 2025 inclusive.

Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the First Minister and any Scottish Government official with a rank of deputy director or higher regarding the statement on Wednesday 3 September 2025 on the Situation in Gaza, or the Scottish Government debate on Palestine. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 July 2025 and 3 September 2025 inclusive.

Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the Cabinet Secretary for Constitution, External Affairs and Culture and any Scottish Government official with a rank of deputy director or higher regarding the statement on Wednesday 3 September 2025 on the Situation in Gaza, or the Scottish Government debate on Palestine. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 July 2025 and 3 September 2025 inclusive.

Response

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 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.

An exemption under section 29(1)(a), formulation or development of Scottish Government policy, applies to some of the information you requested. This exemption recognises the need to protect the formulation of 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.

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)(i) 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) (the free and frank exchange of views for the purposes of deliberation) applies to some of the information you requested. This exemption recognises the need to allow Ministers some private space for discussion. 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 the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy-/decision-making process.

An exemption under section 36(1) of FOISA applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Paragraph 6.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Cabinet papers [including Cabinet minutes and agendas] are essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions.

The weekly meeting of the Scottish Cabinet is the highest decision-making forum within the Scottish Government, and it follows that all information considered by Cabinet must be handled with great care.

Properly functioning Cabinet processes are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

"The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. … The internal processes through which a Government decision has been made should not normally be disclosed."

(Scottish Ministerial Code, 2024 edition, paragraphs 6.1 and 6.4)

Cabinet papers [including Cabinet minutes and agendas] are invariably produced on the assumption that they will not be disclosed until a significant amount of time has elapsed.

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 202500483240 - Information Released - Annex A

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PDF

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1.8 MB