Meetings between Scottish Ministers and Heathrow Airport: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

On what dates have ministers met Heathrow Airport since 23 September 2021? Please provide a copy of the minutes of these and any other documents or correspondence since that date relating to Heathrow Airport, including internal discussions.

Response

There have been no meetings between Ministers and Heathrow Airport since 23 September 2021.

I enclose a copy of some of the information you requested. 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 an exemption under section 38(1)(b) (Personal Details) of FOISA, an exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) of FOISA and an exemption under section 33(1)(b) (Commercial Interests) of FOISA applies to that information. The reason why these exemptions apply are explained in the Annex to this letter.

Some of the information you have requested is also available from the Scottish Government and Scottish Parliament websites at:

https://www.gov.scot/publications/foi-202100255769/
and
https://www.gov.scot/publications/foi-202200280819/

Parliamentary Questions:
https://www.parliament.scot/chamber-and-committees/debates-andquestions/
questions/2022/02/23/s6w06653

https://www.parliament.scot/chamber-and-committees/debates-andquestions/
questions/2022/02/23/s6w06655

https://www.parliament.scot/chamber-and-committees/debates-andquestions/
questions/2022/02/23/s6w06650

https://www.parliament.scot/chamber-and-committees/debates-andquestions/
questions/2022/02/23/s6w06651

https://www.parliament.scot/chamber-and-committees/debates-andquestions/
questions/2022/02/23/s6w06652

https://www.parliament.scot/chamber-and-committees/debates-andquestions/
questions/2022/02/23/s6w06654

Memorandum of Understanding

https://www.gov.scot/publications/foi-19-01055/

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 website listed, then please contact me again and I will send you a paper copy.

Annex
Reasons for not providing information

An exemption applies.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data, i.e. names and contact details of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. 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.

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 officials to have a private space within which to discuss matters in relation to Heathrow Airport. Disclosing the content of these discussions could lead to officials being reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

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 allowing officials a private space within which to communicate with each other. This private space is essential so that good policy decisions can be taken based on fully informed advice and evidence.

An exemption under section 33(1)(b) of FOISA (commercial 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 commercial interests of Heathrow Airport. Disclosing this information would be likely to give Heathrow airports’ competitors an advantage as it relates to commercial information about London Heathrow routes.

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. However, It is important that we do not publish commercial information that could have a potential negative impact on any stakeholder.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

13th December material. Redacted

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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