Documentation that mentions BAE Systems: FOI release

Information requested

All documentation held by the Scottish Government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, which mentions or is/from BAE Systems, from the last month.

Response

I enclose a copy of some of the information you requested.

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(s) under section(s):

• s30(b)(ii) (prejudice to effective conduct of public affairs),
• s33(1)(b) (commercial interests and the economy),
• s38(1)(b) (personal information)

of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption applies:

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 have a free and frank exchange of views and advice with a range of stakeholders in relation to policy making. 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 decision making impacts business and industry, 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.

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 as well as personal information of individuals from other organisations. 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.

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 202500488769 - Information released - Documents

File type

PDF

File size

4.2 MB