FOI/202500465440 · FOI · partially withheld
Correspondence relating to the US-UK Trade Deal since 20 January 2025: FOI release
Information requested
Any correspondence sent by officials or Ministers in either the Department for Business and Trade, HM Treasury, or Number 10 Downing Street to either the Cabinet Secretary for Economy and/or the First Minister or their respective officials relating to the US-UK Trade Deal since 20 January 2025.
For clarity, this should include (but not be limited to) all correspondence with the phrase “US trade deal”, “trade deal”, “President Trump” and “Lutnick”.
Response
I enclose a copy of some of the information you requested in the attached annex.
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 the following sections of FOISA apply to that information.
Section 32 (1)(a)(i) – Relations between the UK and any other state Section 30 (b)(ii) – free and frank exchange of views Section 38 (1)(b) – Personal data relating to a third party
The reasons why those exemptions apply are explained below.
Section 32 (1)(a)(i) – Relations between the UK and any other state
An exemption under section 32(1)(a)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(i) if disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State.
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 disclosure would enhance public scrutiny of Government decision making.
However, this is outweighed by the public interest in avoiding substantial prejudice to UK-US trade negotiations, potentially damaging UK relations with the United States.
Section 30(b)(ii) – Free and frank exchange of views
An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. Information is exempt under sections 30(b)(ii) if disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.
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 disclosure would enhance public scrutiny of Government decision making.
However, this is outweighed by the public interest in preventing the inhibition of the free and frank exchange of views for the purposes of deliberation.
Section 38(1)(b) – Personal data relating to a third party
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. Information is exempt under section 38(1)(b) if disclosure would contravene any of the data protection principles in Article 5(1) of the UK GDPR.
The 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. Redactions have been made where this is the case.
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
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 the following sections of FOISA apply to that information. Section 32 (1)(a)(i) – Relations between the UK and any other state Section 30 (b)(ii) – free and frank exchange of views Section 38 (1)(b) – Personal data relating to a third party The reasons why those exemptions apply are explained below. Section 32 (1)(a)(i) – Relations between the UK and any other state An exemption under section 32(1)(a)(i) of FOISA applies to some of the information you have requested. Information is exempt under section 32(1)(a)(i) if disclosure would, or would be likely to, prejudice substantially relations between the UK and any other State. This exemption is subject to the 'public interest test'.