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FOI/202600509971 · FOI · already published

Ministerial attendance at Six Nations and Scottish National Party candidate information: FOI release

Published
2026-05-12
Received
2026-03-09
Responded
2026-04-07
Directorate
Population Health Directorate
Topic
Arts, culture and sport, Constitution and democracy, Public sector
Exemptions
18(1), 28, 38(1), 25(1), 25, 27, 27(1), 39, 39(1), 34(1), 30, 33(1)

Information requested

Part 1

All documentation held by the Scottish Government, including correspondence sent and received, minutes/notes from meetings, briefings and analysis, which is to/from or mentions Sally Donald from the last three months.

Part 2

A. How many government ministers attended rugby six nations games this year, could you name them and the games they attended, and how they got there and back, i.e ministerial car?

B. Could you also supply all documentation held about these attendances, i.e briefings, minutes/notes from them and correspondence setting them up?

Response

I enclose a copy of some of the information you requested. You will also find that some of the information you have requested is available from the Scottish Parliament website here:

https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-inparliament/meeting-of-parliament-05-03-2026?meeting=20117&iob=210123#orscontributions_M16201E327P816C3034735.

While we do endeavour to provide information whenever possible, in terms of any further information that would be captured by your request, under section 18(1) of FOISA, a public authority may refuse a request where:

if the information existed and was held by the authority, it would be exempt from release under any of sections 28 to 35, 38, 39(1) or 41 of FOISA; and the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, if the information you request did exist or was held by us, an exemption under section section 38(1)(b) of FOISA would apply to that information. This exemption would apply because its release would result in disclosure of personal data in breach of the data protection principles. We also consider that to reveal whether the information you have requested exists, or is held by the Scottish Government, would be contrary to the public interest. For these reasons, we are refusing your request under section 18(1) of FOISA.

Part 2 - Response to your request

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 25(1) and 27, 30(b) (i), 33(1)(b) and 39(1) of FOISA applies to that information. The reasons why these exemptions apply are set out below.

Response to part two A of your request

Section 25 (1) Information otherwise accessible

Some of the information you have requested is publicly available from Ministerial engagements, travel and gifts - gov.scot. Attendance at rugby matches are considered external engagements which are published on the Scottish Government website, up to the end of December 2025. The information is broken down on a monthly basis under the engagements tab, by Minister. The travel undertaken by Ministers, except the First Minister, to rugby matches can also be accessed from the link above. 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.

Section 27 Information Intended for Future Publication

This is a formal notice that Section 27(1) of FOISA applies to some of the information you have requested. The information requested relating to ministerial attendance at, and travel to, rugby matches, for January, February and up to 9 March 2026 will be published within 12 weeks of your request and will be available at this link: Ministerial engagements, travel and gifts - gov.scot. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Section 39 (1) Health and Safety

The Scottish Government does not comment on travel arrangements or security matters for the First Minister. An exemption under section 39(1) of FOISA applies to the information you have requested. This is because disclosure would, or would likely to, endanger the physical or mental health or safety of an individual.

This exemption is subject to the 'public interest test'. Taking account of all 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 the security arrangements for the First Minister’s engagements. However, this is outweighed by the public interest in the safety of the First Minister.

Documentation

Match Date Match Minister Documents 14 February 2026 Scotland V England First Minister Annex B – labelled as Documents 1 - 10 7 March 2026 Scotland V France Maree Todd MSP, Minister for Drugs and Alcohol Policy and Sport Annex B – labelled as Documents 11 - 16

Response to part two B of your request

An exemption under section s.38(1)(b) Personal Information of FOISA applies to some of the information you have requested because it is personal data of a third party such as names and contact details, 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.

Exemption under sections 30(b)(i) of FOISA (free and frank advice) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views before reaching the settled public position which will be given in whatever final lines are used. Disclosing the content of free and frank advice on Scottish Rugby will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive subject matter.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views to Ministers in briefings and lines to take. disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

An exemption under section 33(1)(b) Substantial prejudice to commercial interests disclosure would (or ould be likely to) prejudice substantially the commercial interests of any person or organisation. This applies to some of the information you have requested as it is financial information on costs, and releasing that information would likely substantially prejudice the commercial interests of Tour de France event partners and prejudice the commercial interests in the bidding and delivery of future major events.

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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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, the public interest is better served by maintaining the exemption as releasing the information would likely substantially prejudice the commercial interests of event partners which would not result in the best value for public money, and it is likely to substantially prejudice the commercial interests in the bidding and delivery of future major events.

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 we do endeavour to provide information whenever possible, in terms of any further information that would be captured by your request, under section 18(1) of FOISA, a public authority may refuse a request where: if the information existed and was held by the authority, it would be exempt from release under any of sections 28 to 35, 38, 39(1) or 41 of FOISA; and the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest. In this instance, if the information you request did exist or was held by us, an exemption under section section 38(1)(b) of FOISA would apply to that information. This exemption would apply because its release would result in disclosure of personal data in breach of the data protection principles. For these reasons, we are refusing your request under section 18(1) of FOISA. Part 2 - Response to your request 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 25(1) and 27, 30(b) (i), 33(1)(b) and 39(1) of FOISA applies to that information.

Attachments

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