FOI/202600514347 · FOI · partially withheld
Defence industry meeting information: FOI release
Information requested
Information under the Freedom of Information (Scotland) Act 2002 regarding the Ministerial meetings involving Kate Forbes MSP listed in the Lobbying Register under IDs 64849, 67141 (26/06/2025) and 66801, 67142 (08/10/2025):
1. Full minutes, agendas, and attendee lists for both meetings.
2. All briefing materials, "readouts," and "lines to take" prepared for the Deputy First Minister.
3. Any documentation detailing how the "Genocide Clause" and "Munitions Policy Change" (announced by the First Minister on 3 Sept 2025) were to be implemented in relation to BAE Systems and ADS Group members.
4. Any discussion or assessment regarding the Human Rights Due Diligence (HRDD) checks mentioned in Lobbying ID 67141.
5. All email and WhatsApp correspondence between the Deputy First Minister’s office (including Special Advisers) and BAE Systems/ADS Group from June 1, 2025, to October 31, 2025, regarding these specific meetings and the September policy shift.
Response
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 exemptions under sections:
1. S.30(b)(i) Prejudice to the effective conduct of public affairs: free and frank provision of advice 2. S.30(b)(ii) Prejudice to the effective conduct of public affairs: free and frank exchange of views for the purposes of deliberation 3. s.30C Prejudice to the effective conduct of public affairs: would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 4. S.33(1)(b) Commercial interests and the economy 5. S.38(1)(b) Personal information
of FOISA applies to that information. The reasons why those exemptions apply are explained below.
Exemptions under the following sections of FOISA applies to some of the information you have requested:
Section 30(b)(i): Prejudice to the effective conduct of public affairs - free and frank provision of advice
An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested.
Information is exempt if it would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 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 Ministers and officials can have free and frank exchanges of advice in relation to policy making. It is clearly in the public interest that Ministers can properly make decisions, obtain and provide sound information to Parliament (to which they are accountable) and to understand the policy decisions being made. They need full and candid advice from officials to enable them to do so. Disclosure of this type of information could lead to a reduction in the ability to provide a range of free and frank advice in the future, which would not be in the public interest.
Section 30(b)(ii): Prejudice to the effective conduct of public affairs - free and frank exchange of views for the purposes of deliberation
An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested.
Information is exempt if it would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 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 Ministers, officials and stakeholders can have a free and frank exchange of views in relation to policy making. It is clearly in the public interest that Ministers can properly make decisions, provide sound information to Parliament (to which they are accountable) and to understand fully the policy decisions being made. They need a range of candid views from officials and stakeholders to enable them to do so. Disclosure of this type of information could lead to a reduction in the ability to have a range of free and frank exchange of views in the future, which would not be in the public interest.
Section 30(c): Prejudice to the effective conduct of public affairs: would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.
An exemption under section 30(c) of FOISA applies to some of the information you have requested.
Information is exempt if it would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. 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 Ministers and officials can prepare and formulate decisions and responses in relation to policy making. It is clearly in the public interest that Ministers and officials can properly make decisions and provide sound information to Parliament (to which they are accountable). Disclosure of this type of information could lead to the Scottish Government's position being compromised, which would not be in the public interest.
S33(1)(b) Commercial interests and the economy
An exemption under section 33(1)(b) Commercial interests and the economy, applies to some of the information you have requested under FOISA. Information is exempt if its disclosure under this Act would, or would be likely to, prejudice substantially the commercial interests of any person (including, without prejudice to that generality, a Scottish public authority). 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 discussions around how policy decision making impacts business and industry, however there is a greater public interest in protecting the integrity of commercial business plans and operating models, ensuring no competitive disadvantage, or detriment to future negotiations or business relationships.
S38(1)(b) Personal Information
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 information) of FOISA applies to a some of the information, being the personal data of a third party, i.e. the names and personal information of officials from bands A-C have been removed as well as personal information of individuals from other organisations. Disclosing such 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
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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 sections: 1. S.30(b)(i) Prejudice to the effective conduct of public affairs: free and frank provision of advice 2. S.30(b)(ii) Prejudice to the effective conduct of public affairs: free and frank exchange of views for the purposes of deliberation 3. s.30C Prejudice to the effective conduct of public affairs: would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. S.33(1)(b) Commercial interests and the economy 5.