First Minister’s meeting with the President of Ireland documentation: FOI release

Information requested

You asked for the following information:

• Any notes, minutes, or documents produced for or following the First Minister’s meeting with the President of Ireland, Taoiseach of Ireland, Mary Lou McDonald, and/or Neale Richmond.
• Whether the First Minister discussed Scottish independence in any of his meetings with the President of Ireland, Taoiseach of Ireland, Mary Lou McDonald, and/or Neale Richmond.
• Whether the First Minister discussed constitutional matters in any of his meetings with the President of Ireland, Taoiseach of Ireland, Mary Lou McDonald, and/or Neale Richmond.

Response

I enclose a copy of most of the information you requested in relation to any notes, minutes or documents produced for or following the First Minister’s meetings with the President of Ireland, Taoiseach of Ireland, Mary Lou McDonald and Neale Richmond TD.

For your information, the documents provided refer to a meeting between the First Minister and Minister for Foreign Affairs, Trade and Defence, Helen McEntee. This was originally planned, however due to a last-minute unforeseen change in the programme, this meeting was attended by Minister Neale Richmond, as such the briefing material used for the meeting with Neale Richmond refers to Helen McEntee.

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) s.29(1) (a)(formulation or development of Scottish Government policy); s.30(b)(i)(free and frank advice); s.30(b) (ii)(free and frank exchange of views); and s.38(1)(b)(personal information) of FOISA applies to that information. The reasons why these exemption(s) applies are explained in the Annex to this letter.

I also note your questions relating to whether the First Minister discussed Scottish Independence or constitutional matters in any of the aforementioned meetings.

The answer to your question is: this was not discussed as a standalone agenda item, but raised in passing in relation to broader Irish-Scottish relations.

ANNEX A

s.29(1)(a) (formulation or development of Scottish Government 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 some public interest in release because there is a general interest in the work of Scottish Government Ministers and the policies being considered. However, this is outweighed by the public interest in granting privacy to Ministers to allow for a full consideration of proposed policy changes before incomplete details are released to the public, and thus undermining government confidence.

30(b)(i) (free and frank provision of advice)

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 to support the transparency and accountability of government, and to inform public debate. However, this is outweighed by the public interest in allowing a space within which officials can provide candid advice to Ministers and doing so in a private forum is essential. It would not be in the public interest to prematurely disclosure of such information as this could inhibit future comprehensiveness.

s.30(b)(ii) (free and frank exchange of views)

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 to support the transparency and accountability of government, and to inform public debate. However, this is outweighed by the public interest in allowing Ministers to engage with counterparts, for the purposes of deliberation, in an open way. It would not be in the public interest to prematurely disclosure information, out of context and without cohesion as this could undermine trust between Ministers, officials and respective counterparts. Furthermore, release in this respect could inhibit future comprehensiveness and a willingness to engage in future discussions.

s.38(1)(b) (personal information relating to third party)

An exemption under section 38(1)(b) of FOISA applies to some of the information requested because it is personal data of a third party, i.e. names and 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.

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FOI 202500495859 - Information Released - Documents

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