FOI/202500468809 · FOI · partially withheld
Prime Minister of Bangladesh visit in November 2021: FOI release
Information requested
You asked for information regarding the visit of Sheikh Hasina, Prime Minister of Bangladesh, in November 2021.
Response
I enclose a copy of some of the information you requested in the format you asked for. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested as it relates to the Scottish Parliament. However, you may wish to contact the Scottish Parliament at foi.officer@parliament.scot who may be able to help you.
We are unable to provide some of the information you have requested because exemptions under sections s.38(1)(b) (personal information), s.30(b)(i) (provision of free and frank advice) and s.33(1)(b) (commercial interests) of FOISA apply to that information.
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, ie such as names and contact details 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.
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some the information requested 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 Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. 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 Ministers and officials a private space within which to explore and refine the Government’s position. This private thinking space is essential to enable all options to be properly considered, 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 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 the company concerned.
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, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which may tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
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 are unable to provide some of the information you have requested because exemptions under sections s.38(1)(b) (personal information), s.30(b)(i) (provision of free and frank advice) and s.33(1)(b) (commercial interests) of FOISA apply to that information. 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, ie such as names and contact details 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. An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some the information requested 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 Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.