FOI/202600522780 · FOI · partially withheld
Documentation about the UK rejoining Erasmus: FOI release
Information requested
All minutes/notes from meetings, briefings and analysis, about the UK rejoining Erasmus, between December 1 2025 and December 31 2025.
Response
I have attached documentation, including emails and briefings, in relation to your request. Some of the information you have requested is publicly available. 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(s) listed, then please contact me again and I will send you a paper copy.
This information can be found at the links below:
Meeting of the Parliament: CEEAC/18/12/2025 | Scottish Parliament Website Minutes for Constitution, Europe, External Affairs and Culture Committee 34th Meeting, 2025 Thursday, December 18, 2025 | Scottish Parliament Website STATEMENT_25_3103_EN.pdf
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 s28(1) – relations within the UK, s29(1)(a) – formulation or development of government policy, s30(b)(i) – free and frank provision of advice, s36(1) – legal professional privilege and s38(1)(b) – personal information of FOISA applies to that information. The reasons why exemptions apply are explained in the Annex to this letter.
Some of the information you have requested is not held by the Scottish Government for the purposes of FOISA because we received it in confidence from the UK Government. This means that, under the terms of section 3(2)(a)(ii) of FOISA, we are unable to disclose it in response to your request. However, you may wish to submit a new request under the Freedom of Information Act 2000 (FOIA) to the Department of Education at Contact the Department for Education - Contact type - GOV.UK who should be able to help you further.
ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies
An exemption under s.38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie individuals’ names, contact details etc, 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.
An exemption applies, subject to the public interest test
An exemption under s28(1) of FOISA (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.
This is due to the fact the information relates to the formulation of Scottish Government and contains candid internal discussion about other administrations 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 are 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.
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.
An exemption applies, subject to the public interest test
An exemption under s.29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation and development of the Scottish Government’s policy. 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions.
This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
An exemption applies, subject to the public interest test
An exemption under s.30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.
This exemption recognises the need to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the 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 allowing a private space within which Scottish Government staff can provide full and frank advice to Ministers until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken.
Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.
An exemption applies, subject to the public interest test
An exemption under s.36(1) of FOISA applies to some of the information you have requested. S.36(1) of FOISA provides a qualified exemption for information that is protected by legal professional privilege (LPP). This means that information which could be withheld in legal proceedings due to confidentiality, such as communications between a lawyer and their client, may be exempt from disclosure under FOISA.
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 to promote transparency, accountability, and public confidence in public authorities.
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, as is the case for any other public or private organisation.
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
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. This information can be found at the links below: Meeting of the Parliament: CEEAC/18/12/2025 | Scottish Parliament Website Minutes for Constitution, Europe, External Affairs and Culture Committee 34th Meeting, 2025 Thursday, December 18, 2025 | Scottish Parliament Website STATEMENT_25_3103_EN.pdf 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 s28(1) – relations within the UK, s29(1)(a) – formulation or development of government policy, s30(b)(i) – free and frank provision of advice, s36(1) – legal professional privilege and s38(1)(b) – personal information of FOISA applies to that information. The reasons why exemptions apply are explained in the Annex to this letter. This means that, under the terms of section 3(2)(a)(ii) of FOISA, we are unable to disclose it in response to your request. ANNEX REASONS FOR NOT PROVIDING INFORMATION An exemption applies An exemption under s.38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie individuals’ names, contact details etc, 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.