UK Government Treasury meeting information: FOI release

Information requested

How many times have Scottish Government officials met UK Government Treasury officials in the last three months, and could you provide readouts from these meetings?

Could you also include ministerial level meetings as well?

Response

I am able to provide some of the information that you have requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide all the information you have requested because exemptions under section 28(1)(release of this information would be likely to prejudice substantially relations between any administration in the UK), and sections 38(1)(b) (personal information) apply. The reasons why these exemptions apply is explained below.

To the best of our knowledge, Scottish Government officials met with UK Government Treasury officials 30 times between the 7 July and 6 October.

Some of these meetings were recurring informal catch-ups on MS Teams and there are not any formal readouts. Where readouts were taken, we have applied an exemption under Section 28(1) of FOISA for the reasons explained below, as well as an exemption under section 38(1)(b) for personal information. We have not provided you with these readouts.

The Cabinet Secretary for Finance and Local Government met with the Chief Secretary to the Treasury once between the 7 July and 6 October. We have applied an exemption under Section 28(1) of FOISA to this information, as well as an exemption under section 38(1)(b) for personal information. We have not provided this readout.

Exemptions Applied

Exemptions under section 28(1) of FOISA

Exemption under FOISA section 28(1) (release of this information would be likely to prejudice substantially relations between any administration in the UK) applies to some of the information requested. This exemption recognises the need to maintain good relations with all UK government administrations for the benefit of the wider UK public interest.

This exemption applies because disclosure of communications and discussions in relation to, or with, other UK government administrations, without their consent, would substantially reduce other UK government administrations’ confidence in the Scottish Government and Scottish Government Ministers.

This exemption is subject to the public interest and prejudice test. Taking account of all the circumstances of this case, we have considered if the wider UK public interest in disclosing the information outweighs the public interest in applying the exemption.

We have found that, on balance, the wider UK 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, there is a greater public interest in allowing a private space within which Ministers and officials from all UK government administrations can communicate and where all UK government administration Ministers and officials can provide free and frank advice and views. Disclosure of this type of information would be detrimental to the wider UK public interest and would substantially prejudice the ability of both Scottish Government and other UK government administrations to engage in and conduct meaningful public affairs.

Exemptions under section 38(1)(b) – Personal Data

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, i.e. names and contact details, 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.