Cost of raising of Palestinian flag on Scottish Government buildings: FOI relase

Information requested

I requested to know who ordered the flag to be flown, especially with anniversary of 7th October pogrom fast approaching.

What was the cost of the flag and where was it purchased from and from which funds or budget?

Was any risk assessment performed to ascertain whether the flag could damage Scotland’s reputation, upset our Jewish community?

Did nobody consider that it may not go down well with the USA Embassy not far away?

The Scottish Parliament has no devolved powers for foreign policy and neither do the civil servants at Scottish Government.

Please respond soon as I know the Scottish Government is certainly NOT short of staff.

This is an FOI request so please do not ignore this request.

Response

I requested to know who ordered the flag to be flown, especially with anniversary of 7th October pogrom fast approaching.

The decision to fly the Palestinian Flag was taken by the First Minster, in line with Scottish Government Flag Flying Guidance, linked here for reference: Flag flying on government buildings: 2025 - gov.scot

What was the cost of the flag and where was it purchased from and from which funds or budget?

Two Palestinian flags were purchased by the Scottish Government at a total cost of £839.04, inclusive of VAT. The Scottish Government budget was used to pay for the flags.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information under this part of your request because an exemption under section 33(1)(b), disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation, applies. The reasons for applying this exemption are set out in the Annex below.

Was any risk assessment performed to ascertain whether the flag could damage Scotland’s reputation, upset our Jewish community?

Did nobody consider that it may not go down well with the USA Embassy not far away?

Information relating to the decision taken to fly the Palestinian Flag is contained within the attachments to this reply.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information under this part of your request because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out in the Annex below. An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

ANNEX A

What was the cost of the flag and where was it purchased from and from which funds or budget?

Section 33(1)(b) of FOISA – Commercial Interests

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the supplier of the flags.

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which supply the Scottish Government, to ensure that we are always able to obtain the best value for public money.

Was any risk assessment performed to ascertain whether the flag could damage Scotland’s reputation, upset our Jewish community?

Did nobody consider that it may not go down well with the USA Embassy not far away?

Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation)

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.

Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) 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.

Section 36(1) of FOISA (confidentiality in legal proceedings)

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) 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.

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 202500484830 - Information Released - Annex

File type

PDF

File size

3.4 MB