Abortion Services (Safe Access Zones) (Scotland) Act meeting information: FOI release

Information requested

• The date, time, and location of the meeting (held between the Scottish Government and the US administration concerning the implementation of the Abortion Services (Safe Access Zones) (Scotland) Act.)
• A list of all those in attendance.
• The agenda, minutes, and any briefing materials prepared for or arising from the meeting.
• Any correspondence (including emails, letters, or internal memos) relating to the organisation or outcomes of this meeting, whether within the Scottish Government or between the Scottish Government and representatives of the US administration.
• Details of any follow-up communications or actions agreed upon.

Response

I enclose a copy of most of the information you requested in Annex B, attached to this response.

Annex A

Some of the information you have requested is available from FOI+202500464645+-+Information+released+-+Annex+A.pdf. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 s30(b)(i), s30(b)(ii), 32(1)(a)(i), 36(1) and 38(1)(b) of FOISA applies to that information.

30(b)(i) (Free and frank provision of advice),

An exemption under section 30(b)(i) (Free and frank provision of 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 as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing officials a private space to provide confidential advice to ministers.

30(b)(ii) (Free and frank exchange of views for the purposes of deliberation),

An exemption under 30(b)(ii) (Free and frank exchange of views for the purposes of deliberation), 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 as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing ministers and officials a private space to exchange views on matters of such importance before reaching a settled public position.

32(1)(a)(i) (Relations between the UK and any other state).

An exemption under 32(1)(a)(i) (Relations between the UK and any other state) 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 as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in continuing cordial relations with other states, in this case the USA.

36(1) (Confidentiality in legal proceedings)

An exemption(s) under section 36(1) of FOISA applies to some of the information you have requested. This exemption applies because disclosure of legal advice would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

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 as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in maintaining confidentiality of communications that may be considered confidential due to being privileged as legal advice.

38(1)(b) (personal information)

An exemption under 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. 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 202500489212 - Information released - Annex B

File type

PDF

File size

397.8 kB