Full content of written briefings prepared for the purpose of briefing new Ministers: FOI release

Information requested

1. The full content of written briefings (or similar) prepared between the dissolution of the sixth session of the Scottish Parliament and Tuesday 19 May 2026 (inclusive) for the purpose of briefing new (or re-appointed) Ministers, including the First Minister, in relation to specified subject areas; and

2. The dates of any meetings between the First Minister and a named list of individuals on or after 19 May 2026.

Response

Response to Question 1

I enclose redacted copies of relevant briefing materials that fall within the scope of your request. These briefings relate to the subject areas specified and were prepared to support the induction of new or reappointed Ministers during the period in question.

While our aim is to provide all information whenever possible, in this instance we are unable to provide the information you have requested in full because exemptions under the following sections of FOISA

1. s.29(1)(a)
2. s.30(b)(i)
3. s.30(b)(ii)
4. s.30(b)(i) & (ii)
5. s.30(c)
6. s.33(2)(b)

The reasons why these exemptions apply are explained in the Annex to this letter.

Response to Question 2

I can confirm that, following searches of relevant records, the Scottish Government does not hold any information indicating that the First Minister met (either in person or remotely, including by telephone) with the individuals listed in your request during the period from 19 May 2026 to 28 May 2026. This response is provided in accordance with section 17(1) of FOISA, which confirms that the information requested is not held.

ANNEX

NOTE OF EXEMPTIONS

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation and development of the Scottish Government’s policy of the Justice system. 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 various justice policies 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.

Section 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) 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. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice provided to the Minister within aspects of the introductory briefing material prepared for the Cabinet Secretary of Justice would inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken, and these discussions relate to sensitive issues within the Justice Portfolio and related financial decisions 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 to Ministers, as part of the process of exploring and refining the Government’s policy position on the Justice Portfolio and finances until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy and financial decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy and decision making process, which would not be in the public interest.

Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation

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 and officials to have a private space within which to seek advice and views from officials before reaching the settled public position. Disclosing the content of free and frank briefing material on the Justice Portfolio budget will substantially inhibit such briefing in the future. 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views to Ministers. It is clearly in the public interest that Ministers can properly provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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. Disclosing this information would substantially prejudice our ability to conduct negotiations and budget decisions. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption. 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 protecting the process of the Scottish Government’s budget and financial interests, and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

Section 33(2)(b) – financial interests An exemption under section

33(2)(b) of FOISA (financial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the financial interests of the Scottish Government. Disclosing information about Scottish Government financial position could prejudice negotiations and budget decisions, constrain Ministers’ options, and harm the Scottish Government’s financial interests. 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the financial interests of the Scottish Government, to ensure that we are always able to obtain the best value for public money.

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 202600518776 - Information released - Briefing materials

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