Materials regarding European Union membership for an independent Scotland: FOI release

Information requested

1. Any recorded discussions, briefings, papers, minutes, or correspondence within the Scottish Government (including with Ministers or officials) regarding plans for an independent Scotland to join the European Union, particularly the proposal to seek EU membership shortly after independence.

2. Any information held on the legal requirement for unanimous approval by all existing EU member states for a new country to accede to the EU under Article 49 of the Treaty on European Union.

3. Details of any assessments, risk analyses, or briefings on potential roadblocks to EU accession for an independent Scotland. This should include:
- Risks arising from EU member states with their own active separatist or independence movements (e.g. Spain regarding Catalonia, or others such as France, Belgium, etc.).
- Any communications or intelligence about possible opposition or vetoes from specific EU countries.

4. Any internal assessments or correspondence discussing whether potential negative consequences or significant risks of Scottish independence (particularly regarding EU membership) have been fully disclosed or communicated to the public, or whether any such information has been withheld or downplayed.

Response

1:

On 17 November 2023, the Scottish Government published “An independent Scotland in the EU” which sets out the Scottish Government’s proposals for an independent Scotland to join the EU.

In addition to this, further material is enclosed in Annex A of this letter. Exemptions under S.30(b)(i), S.30(b)(ii) and S.30(c) of FOISA apply to some of the information requested. The reasons why these exemptions apply are explained in Annex B of this letter.

2:

Details on the requirements for joining the EU under the Treaty on European Union can be found on the EU’s website at:

Treaty on European Union — Joining the EU | EUR-Lex

3:

Some of the information you have requested is publicly available and can be found at:

INQ000292564_0002-0004-0006.pdf

The rest of the information is enclosed in Annex A of this letter (items 3 and 4).

4:

After conducting searches of our records, we have not identified any information in scope of your request. This is a formal notice under S.17(1) of FOISA that the Scottish Government does not have the information you have requested.

Outwith FOISA, you may find it helpful to note that the Scottish Government set out its proposals for an independent Scotland in the publications ‘A Fresh Start with Independence’ and the Building a New Scotland series which are evidence based, with footnotes giving details of the sources of underpinning evidence.

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 202600519736 - Information Released - Annex A

File type

PDF

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296.0 kB