FOI/202600513292 · FOI · partially withheld
First Minister documentation which mentions Israel: FOI release
Information requested
Could you supply all documentation seen by John Swinney, including correspondence sent and received, minutes/notes from meetings, briefings and analysis, which mentions Israel, between February 15 2026 and March 24 2026?
Response
I enclose a copy of some of the information you requested.
Your request (“all documentation seen by John Swinney, including correspondence sent and received, minutes/notes from meetings, briefings and analysis, which mentions Israel, between February 15 2026 and March 24 2026”) has been interpreted to include documentation where the First Minister or his Private Office (FMPO) has responded to the sender to acknowledge or respond substantively to the relevant document.
We have therefore sought, subject to the exemptions set out below, all documents in scope for which FMPO have sent confirmation or acknowledgement to the sender on the First Minister’s behalf, or where the First Minister has sent an acknowledging email from his own email account. Where a Ministerial response has issued from the First Minister to an item of correspondence, this is also deemed to have been within scope.
Some of the information you have requested is available from the Parliament.Scot website in the Chamber and Committees section under the Questions and Answers. The Information was released in full as part of a written Parliamentary Question and can be found at the following address: https://www.parliament.scot/chamber-and-committees/questions-andanswers/question?ref=S6W-44348
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 websites listed, then please contact me again and I will send you a paper copy.
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 exemptions under section: s.29(1)(a) (policy formulation), s.38(1)(b) (personal information), s.28 (substantial prejudice to UK Relations),s30(b)(ii), s36 (confidentiality in legal proceedings/advice) of FOISA applies to that information. The reasons why these exemptions apply are explained below.
An exemption under section 29(1)(a) Formulation/development of government policy - of FOISA applies to some of the information you have requested. 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 some public interest in release because it relates to an ongoing and public situation. However, this is outweighed by the public interest in officials ability to discuss topics during the formulation of SG policy in a private space to ensure policy appropriate.
An exemption under section 28(1) of FOISA (substantial prejudice to 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 and the UK Government. As it would reveal candid internal discussion about the other administration’s policies. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. Disclosure of this information will mean that the UK Government is likely to be more reluctant to communicate as frequently and openly with the Scottish Government in 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 maintaining close working relationships between the Scottish Government and the UK Government, 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, such as use of airports. There is no public interest in disclosing information when that will damage relationships and disrupt future communications as that may impact on the effectiveness of future policy development and implementation work.
Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final press lines/lines to take are used. Disclosing the content of free and frank briefing material on Iran Crisis will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive or controversial issue.
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 in lines to take. 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.
An exemption under section 36(1) of FOISA applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.
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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
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, i.e names 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.
Detected exemption language
We have therefore sought, subject to the exemptions set out below, all documents in scope for which FMPO have sent confirmation or acknowledgement to the sender on the First Minister’s behalf, or where the First Minister has sent an acknowledging email from his own email account. The Information was released in full as part of a written Parliamentary Question and can be found at the following address: https://www.parliament.scot/chamber-and-committees/questions-andanswers/question?ref=S6W-44348 Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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 exemptions under section: s.29(1)(a) (policy formulation), s.38(1)(b) (personal information), s.28 (substantial prejudice to UK Relations),s30(b)(ii), s36 (confidentiality in legal proceedings/advice) of FOISA applies to that information. The reasons why these exemptions apply are explained below. An exemption under section 29(1)(a) Formulation/development of government policy - of FOISA applies to some of the information you have requested.