First Minister and Alexis Jay conversation materials: FOI release

Information requested

Any briefing prepared for the First Minister, any minute of the conversation and any correspondence relating to the conversation that the First Minister held with Alexis Jay on 26 November 2025.

Response

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 s.38(1)(b) (personal information), s. 29(1)(a) (formulation of Government policy) and s. 29(1)(d) (Ministerial private office) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Some of the information you have requested is publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. You can access that information here: https://www.gov.scot/binaries/content/documents/govscot/publications/foi-eirrelease/2025/12-a/foi-202500496390/documents/foi-202500496390---information-released---annex/foi-202500496390---information-released---annex/govscot%3Adocument/FOI%2B202500496390%2B-%2BInformation%2Breleased%2B-%2BAnnex.pdf

An exemption(s) under s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption relates to personal information and specifically the person data of third parties. This applies in this case as the information you have requested includes detailed data of third parties. 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.

An exemption under s.29(1)(a) (formulation of Government policy) of FOISA applies to some of the information you have requested. This exemption relates to the formulation of the Scottish Government’s 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 on child protection policy 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.

An exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to some of the information requested because it relates to the operation of any Ministerial private office. 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. However, there is a greater public interest in preserving the efficient and effective operation of a Ministerial Private Office.

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 202500496394 - Information released - Annex 1

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PDF

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227.1 kB