Briefing material prepared for the First Minister's meeting with the US Ambassador: FOI release

Information requested

“Could you supply all briefing material prepared for John Swinney's meeting with the US Ambassador on November 1, as well as any minutes/notes from meetings and any readouts?”.

Response

I enclose a copy of some of the information you requested as an Annex.

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions of FOISA under sections s.17 notice that the information is not held, s.28(1) relations with the UK, s.29(1)(a) formulation or development of government policy, s.30(b)(i) free and frank provision of advice, s.30 (c) otherwise prejudice to the effective conduct of public affairs, s.32(1)(a)(i) relations between UK and any other state, and s.38(1)(b) personal information, apply to that information. The reasons why those exemptions apply are explained below.

An exemption under section 17 – notice that the information is not held – applies to some of the information that you have requested. This applies to the note of the meeting between the First Minister and the US Ambassador which at the time of your request had not been cleared. Therefore, the final version note is not held.

An exemption under section 28(1) – relations with the UK – of FOISA applies to some of the information you have requested. This applies to information in the First Ministers briefing pack. It applies to protect the Scottish Government’s relations with the UK Government.

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 of the interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in maintaining relations between the Scottish Government and UK Government.

An exemption under section 29(1)(a) – formulation or development of government policy – of FOISA applies to some of the information you have requested. This applies to information in the First Ministers briefing pack. It applies to protect the Scottish Government’s ability to create and develop new policies.

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 of the interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in maintaining space for the officials and ministers to develop government policy.

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 applies to information in the First Ministers briefing pack. It applies to allow officials to provide frank advice to ministers.

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 of the interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in maintaining space for officials to provide free and frank advice to ministers.

An exemption under section 30(c) – otherwise prejudice to the effective conduct of public affairs – of FOISA applies to some of the information you have requested. This applies to information in the First Ministers briefing pack. It applies to allow officials and ministers to effectively carry out government business.

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 of the interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in maintaining space for officials and ministers to carry out government business.

An exemption under s.32(1)(a)(i) relations between UK and any other state – of advice of FOISA applies to some of the information you have requested. This applies to information in the First Minister’s briefing pack briefing pack. It applies to protect the UK Government’s diplomatic relations with other states.

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 of the interest in disclosing information as part of an open and transparent government. However, this is outweighed by the public interest in protecting the UK diplomatic relations with other states.

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. This applies to personal information of officials below the senior civil servant grades.

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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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 202500496710 - Information Released - Annex

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PDF

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250.2 kB