Scottish National Investment Bank meeting minutes: FOI release

Information requested

Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/note from meetings, briefings and analysis, about Baillie Gifford, from the last month?

How many meetings have Scottish Government Ministers held with members of the Scottish National Investment Bank's board in the last three months and could you supply all minutes/notes from these meetings?

 

Response

Documentation about Baillie Gifford, from the last month

The Scottish Government does not hold any information within the scope of this part of your request. This is a formal notice under Section 17(1) of FOISA that the Scottish Government does not have the information that you have requested.

Meetings between Scottish Government Ministers and members of the Scottish National Investment Bank's board in the last three months

Scottish Government Ministers have had five meetings with members of the Scottish National Investment Bank's board in the three month period specified. I enclose a copy of some of the information you have requested in the Annex. This relates to ministerial meetings held on:

• 11 November 2025
• 5 December 2025
• 17 December 2025
• 6 January 2026
• 22 January 2026

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 of the following exemptions.

Section 38(1)(b) - applicant has asked for personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names 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.

Section 30(b)(ii) - free and frank exchange of views for the purposes of deliberation in relation to Ministerial discussions and policy development

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers to have a private space within which to discuss and explore options. Disclosing the content of free and frank discussions on governance matters, proposals to be developed for Ministers and investment opportunities would substantially inhibit such discussions in the future.

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 Ministers a private space within which to explore and refine a position. This is essential to ensure that Ministers and the Bank can discuss sensitive or developing issues candidly, without the risk that premature disclosure could inhibit the frankness of those discussions.

Releasing such information while matters are still live could also lead to misunderstanding or misinterpretation, which would not serve the public interest.

Section 27(1) - information intended for future publication

An exemption under section 27(1) of FOISA applies to some of the information requested because the Bank intend to publish that information 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 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, to ensure the information is accurate and in the proper form.

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 202600502723 - Information Released -Annex

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