Public support for the production of munitions information: FOI release

Information requested

• Please supply all items of information held by the Scottish Government on the decision to 'lift the restrictions previously applied to the use of public support for the production on munitions' announced by the First Minister in parliament on 3 September 2025.
• This should include, but not be limited to, all briefings, memos, and items for decision prepared for ministers on the issue; the briefing prepared for the First Minister for his statement on 3 September; and all briefings, memos and items for decisions related to the related decision not to provide public support to 'companies which fail to demonstrate that their products are not involved militarily with Israel or other countries implicated in genocide'.

Response

I enclose a copy of some of the information you requested in PDF format.

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:

• S29(1)(c) Formulation of Scottish Administration Policy etc
• S30(b)(ii) Prejudice to the effective conduct of public affairs
• S33(1)(b) Commercial interests and the economy
• S38(1)(b) Personal Information

of FOISA applies to that information. 

Annex - reasons for not providing information

An exemption applies

S38(1)(b) Personal Information

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 an exemption under section 38(1)(b) (personal information) of FOISA applies to a some of the information, being the personal data of a third party, i.e. the names and personal information of officials from bands A-C have been removed. Disclosing such 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. 

To ensure that we could respond to you within the time limit, and an effort to remain within the £600 upper cost limit for a Freedom of Information request, due to extensive email chain copy lists being duplicated throughout the documents, wherever possible, where we have identified that the copy list within an email chain has been duplicated, the recipients on the copy list have been removed and replaced with [as before] to indicate that an email has been sent to the same recipients as the first email in the chain.

An exemption applies, subject to the public interest test

S29(1)(c) Formulation of Scottish Administration Policy etc

An exemption under section S29(1)(c) Formulation of Scottish Administration Policy etc, the provision of advice by any of the Law Officers or any request for the provision of such advice, of FOISA applies to some of the information you have requested.

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 because of public interest in ensuring that Scottish Government Ministers and officials have considered the legal implications of policy decisions. However, this is outweighed by the public interest in ensuring that Government Ministers and officials can confidently seek legal advice in order to make informed decisions, and that this advice remains confidential, which is essential to the effectiveness and integrity of legal processes

S30(b)(ii) Prejudice to the effective conduct of public affairs

An exemption under S30(b)(ii) Prejudice to the effective conduct of public affairs, of FOISA applies to some of the information you have requested. Information is exempt if it would, or would be likely to, inhibit substantially, the free and frank exchange of views for the purposes of deliberation. 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 and submissions or in relation to policy making decisions. It is clearly in the public interest that Ministers can properly make decisions, potentially provide sound information to Parliament (to which they are accountable) and to understand fully the policy decisions being made. They need full and candid advice from officials to enable them to do so. 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.

S33(1)(b) Commercial interests and the economy

An exemption under section 33(1)(b) Commercial interests and the economy, applies to some of the information you have requested under FOISA. Information is exempt if its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority).

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 discussions around how policy making impacts companies working within the defence sector and the supply chain, however there is a greater public interest in protecting the integrity of commercial business plans and operating models, ensuring no competitive disadvantage, or detriment to future negotiations or business relationships.

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 202500484288 - Information released - Annex A

File type

PDF

File size

4.5 MB