Correspondence between the Propriety and Ethics Directorate, the Permanent Secretary and the First Minister's office regarding the summit held by Scottish Government: FOI release

Information requested

All communications between the Propriety and Ethics Directorate, the Permanent Secretary and the First Minister's office in relation to:

The summit held by the Scottish Government on 23 April 2025

The speech given by the First Minister on 4 September 2025

Response

In relation to your request, some of the information that you have requested is enclosed.

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 30(b)(ii) (Free and frank exchange of views) and 38(1)(b) (Personal information), of FOISA apply to that information. The reasons why these exemptions apply are explained in Annex A.

Outside of FOISA, it may be helpful to note that the final version of the “Your Right to Decide” has been published at: Supporting documents - Your Right to Decide - gov.scot

ANNEX A

Section 30(b)(ii) – Free and Frank Exchange of Views

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 private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Disclosing the content of internal discussions may substantially inhibit such exchanges in the future if officials and Ministers cannot be confident that their views are being shared in confidence.

These exemptions are 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 exemptions.

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, we consider that there is a greater public interest in maintaining a private space for free and frank internal discussion. 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.

Section 38(1)(b) – applicant has asked for personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie email addresses, names, phone numbers etc., 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 202500483247 - Information released - Annex A

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PDF

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1.1 MB