FOI/202600502618 · FOI · partially withheld
Correspondence regarding meeting between Cabinet Secretary for Social Justice and UK Minister for Border Security and Asylum: FOI release
Information requested
Regarding the meeting between the Cabinet Secretary for Social Justice and the UK Minister for Border Security and Asylum on 15th December 2025, I am requesting:
1. A copy of the briefing pack prepared for the Cabinet Secretary for this meeting.
2. A copy of the minutes from this meeting.
3. A copy of any correspondence between Scottish Government officials and ministers and the UK Government relating to this meeting.
Response
Question 1
For question one of your request, I enclose some of the information you have requested. Document 1 attached is a briefing note provided to the Cabinet Secretary for Social Justice for this meeting, along with attached annex F which is referenced within the briefing note.
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 Section 38 (personal information), Section 28 (UK relations) and Section 30 (free and frank provision of advice) of FOISA applies to that information.
In terms of Section 28 this is because there is a significant risk that releasing sensitive information could damage the Scottish Government’s relationship with the Home Office and this would likely result in the Scottish Government being excluded from information sharing in the future.
In terms of Section 30, it is important to ensure that free and frank provision of advice between officials and ministers, especially on sensitive matters, are not prohibited.
Both 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 all of the information requested 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 some public interest in release because of the extent of interest in Cameron Barracks and asylum policies. However, this is outweighed by the fact that releasing the briefing in full would damage the Scottish Government’s relationship with the UK government.
This could potentially result in the Scottish Government being excluded from future information sharing at meetings, and inhibit the provision of free and frank advice to Ministers, impacting the effective conduct of public affairs.
Question 2
For question two of your request, I enclose some of the information you have requested. Document 3 attached is an official note from the meeting on 15 December you have 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 exemptions under Section 28 (UK relations) and Section 30 (free and frank provision of advice) of FOISA apply to that information.
In terms of Section 28 this is because there is a significant risk that releasing sensitive information could damage the Scottish Government’s relationship with the Home Office and this would likely result in the Scottish Government being excluded from information sharing in the future.
In terms of Section 30, it is important to ensure that free and frank provision of advice between officials and ministers, especially on sensitive matters, are not prohibited.
Both 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 all of the information requested 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 some public interest in release because of the extent of interest in Cameron Barracks and asylum policies. However, this is outweighed by the fact that releasing the meeting note in full would damage the Scottish Government’s relationship with the UK government.
This could potentially result in the Scottish Government being excluded from future information sharing at meetings, and inhibit the provision of free and frank advice to Ministers, impacting the effective conduct of public affairs.
Question 3
For question three of your request, I enclose some of the information you have requested. Document 4 attached is email correspondence planning for the meeting on 15 December.
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 (personal information) of FOISA applies to that information.
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Detected exemption language
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 Section 38 (personal information), Section 28 (UK relations) and Section 30 (free and frank provision of advice) of FOISA applies to that information. In terms of Section 28 this is because there is a significant risk that releasing sensitive information could damage the Scottish Government’s relationship with the Home Office and this would likely result in the Scottish Government being excluded from information sharing in the future. In terms of Section 30, it is important to ensure that free and frank provision of advice between officials and ministers, especially on sensitive matters, are not prohibited. Both 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 all of the information requested outweighs the public interest in applying the exemption.