Rejoining Creative Europe documentation: FOI release

Information requested

All correspondence sent and received by the Scottish Government as well as minutes/notes from meetings, briefings and analysis, about rejoining Creative Europe, from the last month.

Response

I enclose a copy of most of the information you requested as an attachment.

Some of the information you have requested is available in the public domain and can be accessed through the following links:

• Creative Europe reassociation: position paper - gov.scot
• Scottish Government priorities for UK-EU negotiations: position paper - gov.scot
• Continuity Act | Scottish Parliament Website
• Scotland’s priorities for new UK–EU strategic alliance - UK in a changing Europe
• Programme for Government 2025 to 2026 - gov.scot

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 websites 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 the information you have requested because an exemption under sections s.28(1) (relations within the UK), s.29(1)(a) (formulation/development of government policy), s.30(b)(i) (substantial inhibition to free and frank provision of advice), s.30(b)(ii) (substantial inhibition to free and frank exchange of views), and 38(1)(b) (third party personal data) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Section 28(1) applies to some of the information you 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.

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 the public may be interested in the topic and we are committed to being an open and transparent government. However, this is outweighed by the public interest in retaining a good working relationship with the UK Government including being able to exchange information on potentially sensitive matters.

Section 29(1)(a) applies to some of the information you requested. This exemption is in place in order for government policy to be developed and formulated. In this case the exemption applies to information relating to the development of the Scottish Government’s policy on UK/EU relations.

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 the public may be interested in the topic and we are committed to being an open and transparent government. However, this is outweighed by the public interest in 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 UK/EU relations 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.

Sections 30(b)(i) and 30(b)(ii) apply to some of the information you requested. These exemptions are in place in order for civil servants to be able to discuss and advise in a free and frank manner.

These exemptions are 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 may be public interest in the topic and we are committed to being an open and transparent government. However, this is outweighed by the public interest in a civil service that is able to provide free and frank advice to Ministers, as well as being able to discuss among themselves in an open manner without inhibition.

Section 38 (1)(b) applies to some of the information your requested. This exemption protects the personal 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.

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 202500497109 - Information released - Annex

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