United States tariff and trade deal documentation: FOI release

Information requested

You asked for ‘all documentation held by the Scottish Government, including minutes/notes from meetings, correspondence sent and received (including internal), briefings and analysis, about Donald Trump tariffs, from the last month?’

I have reasonably interpreted ‘last month’ as the period from 19 January 2026 to 19 February 2026, the date on which the request was made.

Response

I enclose a copy of most of the information you requested in the attached annex A.

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 the following sections of
FOISA applies to that information:

• Section 28 (1)(i) – Relations within the UK
• Section 29 (1)(a) – Formulation or development of Scottish Government
• Section 30 (b)(i) – Free and frank provision of advice
• Section 30 (b)(ii) – Free and frank exchange of views
• Section 30 (c) - Prejudice to effective conduct of public affairs.
• Section 32 (1)(a)(i) – Relations between the UK and any other state
• Section 38 (1)(b) – Personal data relating to a third party

Some of the information has also been redacted as it falls outside the scope of the request.

The reasons why those exemptions apply are explained below:

Section 28(1)(i) – Relations within the UK

An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government, UK Government and the other devolved governments. It is essential for the effective administration of the UK that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved governments. The release of these communications about trade negotiations and tariffs will mean that the UK Government are likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK governments.

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 maintaining good relations between the Scottish Government and other UK governments and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

Section 29 (1)(a) – Formulation or development of Scottish Government policy

An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested.

This exemption applies because it relates to the formulation and development of government trade analysis relating to international trade 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 accurate information than incomplete and inaccurate analysis which is ongoing and relates to international trade negotiations. Ministers and officials need to be able to consider scenarios and options and to debate those rigorously, to fully understand their possible implications.

Section 30 (b)(i)/(ii) – Free and frank provision of advice / Free and frank exchange of views

An exemption under section 30(b)(i) and 30(b)(ii) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views. This exemption recognises the need for officials to have a private space within which to provide free and frank advice and views to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing discussions around US tariffs and live trade negotiations could undermine those negotiations and will substantially inhibit the provision of such advice and views 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 a private space within which officials can provide full and frank advice and views on confidential information to Ministers and other officials as part of the process of exploring and refining the Government’s position on international trade policy and US-UK trade and tariff negotiations.

Section 30(c) – Substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate, often in confidence, with external stakeholders on a range of issues. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type 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 and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position. Disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders.

Section 32 (1)(a)(i) – Relations between the UK and any other state

An exemption under section 32(1)(a)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(i) if disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State.

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, this is outweighed by the public interest in avoiding substantial prejudice to UK-US trade negotiations, potentially damaging UK relations with the United States and the interests of the UK abroad.

Section 38(1)(b) – Personal data relating to a third party

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

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 202600507608 - Information Released - Annex A

File type

PDF

File size

6.4 MB