FOI/202600506640 · FOI · not held
Correspondence between the First Minister, Director General Economy relating to Global Counsel: FOI release
Information requested
(1) Can you please send me copies of any and all correspondence, including texts, whatsapps, emails, deleted emails, voicenotes, minutes of meetings, exchanged between Gregor Irwin and Peter Mandelson, or any employee of the firm Global Counsel, or mentioning Global Counsel or Peter Mandelson/Lord Mandelson held by the Scottish Government; and
(2) Please provide any and all correspondence between John Swinney and Mr Irwin.
Response
I enclose a copy of the information you requested in the attached annex. While we aim to provide information wherever possible, in this instance the Scottish Government does not hold any information relevant to part (1) of your request. Regarding part (2), we have interpreted this as referring to all correspondence exchanged directly between John Swinney and Gregor Irwin or on their behalf by their Private Offices. Some of the information identified is exempt from disclosure under sections 30(b)(i) and 38(1)(b) of FOISA. The reasons why these exemptions apply are explained below:
1. An exemption under section 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 for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice of this subject matter will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive or controversial issue. 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 officials can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s position, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered so informed decisions can be made. Premature disclosure is likely to undermine the full and frank discussion of this subject matter between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.
2. 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 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.
3. An exemption under section 33(1)(b) applies to some information as its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership.
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Detected exemption language
The reasons why these exemptions apply are explained below: 1. An exemption under section 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 for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. This exemption is subject to the ‘public interest test’.