Documentation regarding a trade deal between the United Kingdom and United States of America: FOI release

Information requested

All documentation held, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about the UK/US trade deal, from the last month?

Response

I enclose a copy of some of the information you requested in the attached annex.

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 the following sections of FOISA apply to that information.

• Section 27(1) – Information intended for future publication
• Section 28 (1)(i) – Relations within the UK
• Section 29 (1)(a) – Formulation or development of Scottish Government
• Section 30 (b)(i) – Free and frank provision of advice
• Section 30 (b)(ii) – Free and frank exchange of views
• Section 32 (1)(a)(i) – Relations between the UK and any other state
• Section 33 (1)(b) – Commercial Interests
• Section 38 (1)(b) – Personal data relating to a third party

The reasons why each of those exemptions apply are explained below.

Section 27(1) – information intended for future publication

An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information in early 2026 - which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release some of this information before the planned publication date.

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 this would enhance public scrutiny of Government decision making, however, this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

Section 28(1)(i) – relations within the UK

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications about trade negotiations will mean that the UK Government are likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

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 good relations between the Scottish Government and the UK Government and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as the trade negotiations. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

Section 29 (1)(a) – formulation or development of Scottish Government policy

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Information is exempt under Section - 29 (1)(a) if it relates to the formulation or development of government policy relating to international trade policy.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30 (b)(i)/(ii) – Free and frank provision of advice / Free and frank exchange of views

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views. This exemption recognises the need for officials to have a private space within which to provide free and frank advice and views to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content on trade negotiations will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to an ongoing live trade negotiation.

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 full and frank advice and views to Ministers and other officials as part of the process of exploring and refining the Government’s position on international trade policy until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

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

An exemption under section 32(1)(a)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(i) if disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State.

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 disclosure would enhance public scrutiny of Government decision making. However, this is outweighed by the public interest in avoiding substantial prejudice to UK-US trade negotiations, potentially damaging UK relations with the United States.

Section 33 (1)(b) – Commercial Interests

An exemption under section 33(1)(b) of FOISA applies to some of the information you have requested. Information is exempt under section 33(1)(b) if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership.

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 disclosure would enhance public understanding of the commercial interests of Scottish stakeholders. However, this is outweighed by the public interest in preventing the inhibition of public authorities’ capacity to consult stakeholders confidentially.

Section 38(1)(b) – Personal data relating to a third party

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, e.g. names/contact details of individuals, 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.

FOI 202500491591 - Information released - Annex

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