Copenhagen criteria
Dear Scottish Government,
I have noted that the language being used by the Scottish Government in relation to the possibility of Scotland being independent after Brexit seems to "an independent European country", not an "independent country in the EU". As such, there are two parts to my query.
1. Details of any guidance given in relation to the use of the two phrases above.
2. Any correspondence or analysis the Scottish Government has carried out on our eligibility for EU membership, either if we could continue to "remain" in the EU or having to reapply under the Copenhagen criteria once the UK has left.
Yours faithfully,
Richie Reid
Dear Mr Reid,
Thank you for your request dated 11 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for details of any guidance given
in relation to the use of “an independent European country” and not
“independent country in the EU”. You also seek any correspondence or
analysis the Scottish Government have carried out on our eligibility for
EU membership, either if we could continue to "remain" in the EU or having
to reapply under the Copenhagen criteria once the UK has left.
We received your request on 11 August 2019 and will respond in accordance
with FOISA by 09 September 2019.
If you have any queries, please contact me quoting case number
FoI/19/01907
Your Sincerely,
John Bendo
John Bendo
International Futures | Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
Tha am post-d seo (agus faidhle neo ceanglan còmhla ris) dhan neach neo
luchd-ainmichte a-mhàin. Chan eil e ceadaichte a chleachdadh ann an dòigh
sam bith, a’ toirt a-steach còraichean, foillseachadh neo sgaoileadh, gun
chead. Ma ’s e is gun d’fhuair sibh seo gun fhiosd’, bu choir cur às dhan
phost-d agus lethbhreac sam bith air an t-siostam agaibh agus fios a
leigeil chun neach a sgaoil am post-d gun dàil.
Dh’fhaodadh gum bi teachdaireachd sam bith bho Riaghaltas na h-Alba air a
chlàradh neo air a sgrùdadh airson dearbhadh gu bheil an siostam ag obair
gu h-èifeachdach neo airson adhbhar laghail eile. Dh’fhaodadh nach eil
beachdan anns a’ phost-d seo co-ionann ri beachdan Riaghaltas na h-Alba.
**********************************************************************
Dear Mr Reid,
Thank you for your request dated 11 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for ) for details of any guidance
given in relation to the use of “an independent European country” and not
“independent country in the EU”. You also seek any correspondence or
analysis the Scottish Government have carried out on our eligibility for
EU membership, either if we could continue to "remain" in the EU or having
to reapply under the Copenhagen criteria once the UK has left.
In order to identify and locate the information that you have asked for we
need some further information from you, in order to determine the exact
information you are requesting. In particular, it would be helpful to know
when asking for “correspondence”, it would be helpful to know the type of
correspondence you are seeking and the time range for the correspondence.
It might be helpful to know You may wish to be aware that all forms of
correspondence could result in the request exceeding the upper limit cost.
As I am unable to continue without this, I will put your request on hold
until I hear back from you.
When we receive this further information from you we will be able to
respond to your request, in accordance with FOISA, within 20 working days
of when we receive that information.
If you wish to discuss any of the above, please contact me. You may also
find it helpful to look at the Scottish Information Commissioner’s ‘Tips
for requesting information under FOI and the EIRs’ on his website at:
[1]http://www.itspublicknowledge.info/YourR....
Your Sincerely,
John
John Bendo
International Futures | Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
Tha am post-d seo (agus faidhle neo ceanglan còmhla ris) dhan neach neo
luchd-ainmichte a-mhàin. Chan eil e ceadaichte a chleachdadh ann an dòigh
sam bith, a’ toirt a-steach còraichean, foillseachadh neo sgaoileadh, gun
chead. Ma ’s e is gun d’fhuair sibh seo gun fhiosd’, bu choir cur às dhan
phost-d agus lethbhreac sam bith air an t-siostam agaibh agus fios a
leigeil chun neach a sgaoil am post-d gun dàil.
Dh’fhaodadh gum bi teachdaireachd sam bith bho Riaghaltas na h-Alba air a
chlàradh neo air a sgrùdadh airson dearbhadh gu bheil an siostam ag obair
gu h-èifeachdach neo airson adhbhar laghail eile. Dh’fhaodadh nach eil
beachdan anns a’ phost-d seo co-ionann ri beachdan Riaghaltas na h-Alba.
**********************************************************************
References
Visible links
1. http://www.itspublicknowledge.info/YourR...
Bendo J (John) would like to recall the message, "Freedom of Information - Clarification Required ".
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is intended solely for the attention of the addressee(s). Unauthorised use, disclosure, storage, copying or distribution of any part of this e-mail is not permitted. If you are not the intended recipient please destroy the email, remove any copies from your system and inform the sender immediately by return.
Communications with the Scottish Government may be monitored or recorded in order to secure the effective operation of the system and for other lawful purposes. The views or opinions contained within this e-mail may not necessarily reflect those of the Scottish Government.
Tha am post-d seo (agus faidhle neo ceanglan còmhla ris) dhan neach neo luchd-ainmichte a-mhàin. Chan eil e ceadaichte a chleachdadh ann an dòigh sam bith, a’ toirt a-steach còraichean, foillseachadh neo sgaoileadh, gun chead. Ma ’s e is gun d’fhuair sibh seo gun fhiosd’, bu choir cur às dhan phost-d agus lethbhreac sam bith air an t-siostam agaibh agus fios a leigeil chun neach a sgaoil am post-d gun dàil.
Dh’fhaodadh gum bi teachdaireachd sam bith bho Riaghaltas na h-Alba air a chlàradh neo air a sgrùdadh airson dearbhadh gu bheil an siostam ag obair gu h-èifeachdach neo airson adhbhar laghail eile. Dh’fhaodadh nach eil beachdan anns a’ phost-d seo co-ionann ri beachdan Riaghaltas na h-Alba.
**********************************************************************
Dear Mr Reid,
Thank you for your request dated 11 August 2019 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for ) for details of any guidance
given in relation to the use of “an independent European country” and not
“independent country in the EU”. You also seek any correspondence or
analysis the Scottish Government have carried out on our eligibility for
EU membership, either if we could continue to "remain" in the EU or having
to reapply under the Copenhagen criteria once the UK has left.
In order to identify and locate the information that you have asked for we
need some further information from you, in order to determine the exact
information you are requesting. In particular, it would be helpful to know
when asking for “correspondence”, the type of correspondence you are
seeking and the time range for the correspondence. You may wish to be
aware that all forms of correspondence could result in the request
exceeding the upper limit cost. As I am unable to continue without this, I
will put your request on hold until I hear back from you.
When we receive this further information from you we will be able to
respond to your request, in accordance with FOISA, within 20 working days
of when we receive that information.
If you wish to discuss any of the above, please contact me. You may also
find it helpful to look at the Scottish Information Commissioner’s ‘Tips
for requesting information under FOI and the EIRs’ on his website at:
[1]http://www.itspublicknowledge.info/YourR....
Your Sincerely,
John
John Bendo
International Futures | Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
Tha am post-d seo (agus faidhle neo ceanglan còmhla ris) dhan neach neo
luchd-ainmichte a-mhàin. Chan eil e ceadaichte a chleachdadh ann an dòigh
sam bith, a’ toirt a-steach còraichean, foillseachadh neo sgaoileadh, gun
chead. Ma ’s e is gun d’fhuair sibh seo gun fhiosd’, bu choir cur às dhan
phost-d agus lethbhreac sam bith air an t-siostam agaibh agus fios a
leigeil chun neach a sgaoil am post-d gun dàil.
Dh’fhaodadh gum bi teachdaireachd sam bith bho Riaghaltas na h-Alba air a
chlàradh neo air a sgrùdadh airson dearbhadh gu bheil an siostam ag obair
gu h-èifeachdach neo airson adhbhar laghail eile. Dh’fhaodadh nach eil
beachdan anns a’ phost-d seo co-ionann ri beachdan Riaghaltas na h-Alba.
**********************************************************************
References
Visible links
1. http://www.itspublicknowledge.info/YourR...
Dear Scottish Government,
Thank you for your response. "Correspondence" would refer to letters and emails, particularly between Government Minsters, SPADS and the EU going back to advice taken for the independence referendum of 2014 to present. I do note however you advise that my request would potentially exceed the cost limit, perhaps you could advice what you would be able to release without exceeding this limit?
Yours faithfully,
Richie Reid
Dear Mr Reid,
Thanks for responding, I am emailing to double check my interpretation so
I can begin the search.
Does your request look for, in terms of correspondence, any emails or
letters from Scottish Government Ministers or Special Advisors to European
Union Institutions from 18 September 2014 to Present Day.
In terms of guiding you on what would not exceed the upper cost limit, I
would not be able to do so until we have clarified the scope.
Could you please confirm if this is the intended interpretation or if you
would be looking for other information?
Many Thanks,
John
John Bendo
International Futures | Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
Tha am post-d seo (agus faidhle neo ceanglan còmhla ris) dhan neach neo
luchd-ainmichte a-mhàin. Chan eil e ceadaichte a chleachdadh ann an dòigh
sam bith, a’ toirt a-steach còraichean, foillseachadh neo sgaoileadh, gun
chead. Ma ’s e is gun d’fhuair sibh seo gun fhiosd’, bu choir cur às dhan
phost-d agus lethbhreac sam bith air an t-siostam agaibh agus fios a
leigeil chun neach a sgaoil am post-d gun dàil.
Dh’fhaodadh gum bi teachdaireachd sam bith bho Riaghaltas na h-Alba air a
chlàradh neo air a sgrùdadh airson dearbhadh gu bheil an siostam ag obair
gu h-èifeachdach neo airson adhbhar laghail eile. Dh’fhaodadh nach eil
beachdan anns a’ phost-d seo co-ionann ri beachdan Riaghaltas na h-Alba.
**********************************************************************
Dear Scottish Government,
Not quite, I'd be looking at any advice given prior to the independence referendum, and would therefore require details of any advice prior to this date. I would therefore alter your definition slightly to "between Scottish Government Ministers and Special Advisers or with European Union Institutions from October 2012 to Present Day".
Yours faithfully,
Richie Reid
Dear Mr Reid,
Thanks for responding, the clock has been restarted from when your email
was received, you will receive a response by 16 September 2019.
Kind Regards,
John
John Bendo
International Futures | Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
Dear Mr Reid,
Please find attached the final response to your Freedom of Information
request.
Best Regards,
John
John Bendo
International Futures | Directorate for External Affairs
2H South | Victoria Quay | Edinburgh |
Dear Scottish Government,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Scottish Government's handling of my FOI request 'Copenhagen criteria'.
I find it unbelievable that the Scottish Government would not find it in the public interest to make any analysis or correspondence relating to our eligibility to either remain or reapply for membership of the European Union available, especially given the focus that the Scottish Government place on the economic impact that leaving the EU will have on the Scottish Economy, and given a previous FOI makes it clear that no economic impact assessments have been carried out to cover this scenario.
I would in fact argue that it is tantamount to dereliction of duty to fail to inform the public of this when we are facing monumental decisions over our membership of both unions and only party politics would cause you want to withhold these details.
I also have no interest in "Scotland’s membership within the European Union whilst the United Kingdom remains a member state" which you seem desperate to include in every FOI response, as Brexit would render that meaningless, to be honest the inclusion of this section smacks to me of SPAD interference. As such, I would also like to see an audit trail of my request detailing any SPAD involvement. You may treat this as a separate request should you require to do so.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
Yours faithfully,
Richie Reid
Our Reference: 201900003902
Your Reference: 596611-5fac04af
Dear Richie Reid ,
Thank you for your correspondence received on 06/09/2019. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 201900003902. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).
Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
Our Reference: 201900004075
Dear Richie Reid,
Thank you for your correspondence received on 06/09/2019. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 201900004075. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).
Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
Dear Mr Reid,
Thank you for your request of 6^th September 2019 for a review of our
response to your request under the Freedom of Information (Scotland) Act
2002 (FOISA) for analysis or correspondence relating to Scotland’s
eligibility to either remain or reapply for membership of the European
Union.
I have been asked by Scott Wightman, Scottish Government Director for
External Affairs to carry out the review because I was not involved in
handling your original request. I will be looking at the case afresh to
establish whether the original response should be confirmed, with or
without modifications as appropriate, or a fresh decision should be
substituted.
We received your review request on 6^th September 2019 so I will respond
in accordance with FOISA by 4^th October 2019.
In addition, I can confirm the request “to see an audit trail of my
request detailing any SPAD involvement.” is being treated as a separate
valid request under the Freedom of Information (Scotland) Act 2002
(FOISA). To confirm as with the request for review I will respond to you
by 4^th October 2019.
If you have any queries with regards to the case being reviewed please
contact me quoting case number FoI/19/01907, alternatively if you wish to
discuss the new request please quote reference FoI/19/00004075.
Best Wishes
Paul Wood
Policy Manager, International, EU and UK Relations
Scotland House London
Paul Wood |Policy Manager |International, EU & UK Relations Team |Scotland
House - 5^th Floor |58 Victoria Embankment |London |EC4Y 0DS
@[1]ScotGovLondon
[2][IMG]
References
Visible links
1. https://twitter.com/ScotGovLondon
2. http://www.gov.scot/
Please find attached a response to your recent Freedom of Information
request - Reference 2019/00004075
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
Dear Mr Reid,
Please find enclosed a response to your recent request for a Review of the
response to Foi/19/01907
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
Dear Scottish Government,
Thank you for your response. I shall of course be referring the case to the Information Commissioner. Before I do so could you perhaps clarify what Scotland's ability to meet the Copenhagen criteria has to do with Brexit negotiations between Holyrood and the UK Government, given this is the reason you have given for applying the exemption. This would, to me, only seem relevant in negotiations after a vote to separate Scotland from the UK.
Yours faithfully,
Richie Reid
Dear Mr Reid
In our response to your FOI request (FoI 19/01907) we stated that “an exemption under section s29(1)(a) formulation or development of Scottish Government policy, of FOISA applies to some of the information you have requested as it relates to Scottish Government policy on the ongoing UK negotiations surrounding Brexit.” This reference to Brexit provides the context; any analysis the Scottish Government has carried out on EU membership is within a range of policy options and depends on the ultimate outcome of Brexit. The application of section s29(1)(a) (formulation or development of Scottish Government policy) was appropriate as this is a live policy issue on which Ministers need to be able to receive free and frank advice on a range of options they may wish to consider.
Regards
Paul
Paul Wood |Policy Manager |International, EU & UK Relations Team |Scotland House - 5th Floor |58 Victoria Embankment |London |EC4Y 0DS
-----Original Message-----
From: Central Enquiry Unit <[email address]>
Sent: 02 October 2019 08:52
To: Wood P (Paul) <[email address]>
Subject: CEA - correspondence with Scottish Government and partner agencies - 201900003902 - Richie Reid
Good morning
The email enquiry below was received at the Central Enquiry Unit today.
I would be grateful if you would deal with this or forward it to the appropriate person / area of business.
You may wish to acknowledge receipt of this email to the enquirer.
Thank you
Reminder: If this email contains a request for information please remember that the Scottish Government is required to respond to all requests for information including e-mails, within 20 working days of receipt in accordance with the Freedom of Information (Scotland) Act. Please refer to the FOI Guidance. All FOI requests received must be registered on either Micase or the FOI Tracker.
All FOI responses where information is released must be emailed to the FOI Unit immediately after issue, with ‘FOI/EIRs TO PUBLISH’ in the subject line
If the request is sensitive, it will require Ministerial clearance. Guidance on this is available at Steps 33 and 34 of the Step-by-Step Guide to Handling FOI/EIRs Requests.
If the request is from a journalist, responses should be issued by the relevant communications team Please consider the environment before printing this e-mail
-----Original Message-----
From: Richie Reid <[FOI #596611 email]>
Sent: 02 October 2019 08:39
To: Central Enquiry Unit <[email address]>
Subject: Re: Your recent correspondence with Scottish Government and partner agencies - 201900003902
Dear Scottish Government,
Thank you for your response. I shall of course be referring the case to the Information Commissioner. Before I do so could you perhaps clarify what Scotland's ability to meet the Copenhagen criteria has to do with Brexit negotiations between Holyrood and the UK Government, given this is the reason you have given for applying the exemption. This would, to me, only seem relevant in negotiations after a vote to separate Scotland from the UK.
Yours faithfully,
Richie Reid
-----Original Message-----
Dear Mr Reid,
Please find enclosed a response to your recent request for a Review of the response to Foi/19/01907
**********************************************************************
This e-mail (and any files or other attachments transmitted with it) is intended solely for the attention of the addressee(s). Unauthorised use, disclosure, storage, copying or distribution of any part of this e-mail is not permitted. If you are not the intended recipient please destroy the email, remove any copies from your system and inform the sender immediately by return.
Communications with the Scottish Government may be monitored or recorded in order to secure the effective operation of the system and for other lawful purposes. The views or opinions contained within this e-mail may not necessarily reflect those of the Scottish Government.
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Dear Scottish Government,
Thank you for your response. Just to be clear, you are claiming that the Scottish Government currently does not have a policy on EU membership? And that you have applied this exemption because this policy will depend on the result of Brexit?
And you are claiming this after directing me to the Scottish Government’s own “Scotland’s Future” paper, which, to quote your own response “discusses an Independent Scotland’s membership within the European Union”.
You are claiming this after the publication of “Protecting Scotland's Future: the Government's Programme for Scotland 2019-2020” on 3 September 2019 which states “The Scottish Government believes the best future for Scotland is to become an independent member of the EU”.
https://www.gov.scot/publications/protec...
You are claiming this whilst we have a First Minister making comments such as, “Scotland must have the choice of becoming an independent, European nation”, “EU membership means we can all work together to raise standards and tackle climate change”, “EU membership also means people in Scotland have the opportunity to live and study freely in Europe; just as our fellow EU citizens are free to come to Scotland to make a contribution here,” “Membership of the EU also boosts jobs,” and “It is not just the economic benefits of EU membership that are important, although they are very substantial.”
Indeed, just this morning we were told “I think it's time Scotland chose our own future so that we can determine whether we want to stay in a position of having a future imposed upon us by Westminster decisions we don't agree with, or whether were going to become an independent country and able to take those decisions ourselves."
I continue to find it unbelievable that the very government making these claims is willfully hiding the information it is basing these on behind a smokescreen of “policy”.
Yours faithfully,
Richie Reid
Dear Mr Reid,
Thank you for your correspondence.
As referenced in my previous correspondence, if you are unhappy with the outcome of this review you have the right to appeal to the Scottish Information Commissioner about our decision within 6 months of receiving my previous letter (dated 1 October 2019). Information on how to make an appeal, along with an application form, is available on the Commissioner’s website at: http://www.itspublicknowledge.info/YourR.... You can also contact the Commissioner at:
The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
E-mail: [email address]
Telephone: 01334 464610
Best Regards
Paul Wood
-----Original Message-----
From: Central Enquiry Unit <[email address]>
Sent: 14 October 2019 14:08
To: Wood P (Paul) <[email address]>
Cc: Wightman S (Scott) <[email address]>
Subject: CEA - correspondence with Scottish Government and partner agencies - 201900003902 - Richie Reid
Good morning,
The email enquiry below was received at the Central Enquiry Unit today.
I would be grateful if you would deal with this or forward it to the appropriate person / area of business.
You may wish to acknowledge receipt of this email to the enquirer.
Thank you,
Rebecca
Central Enquiry Unit
Ext: 46193
Reminder: If this email contains a request for information please remember that the Scottish Government is required to respond to all requests for information including e-mails, within 20 working days of receipt in accordance with the Freedom of Information (Scotland) Act. Please refer to the FOI Guidance.
All FOI requests received must be registered on MiCase or the FOI Tracker.
All FOI responses where information is released must be emailed to the FOI Unit immediately after issue, with ‘FOI/EIRs TO PUBLISH’ in the subject line
If the request is from a journalist, responses should be issued by the relevant communications team. Please ensure that you involve them throughout the process and also ensure Special Advisers have the opportunity to comment on your response before it goes for Ministerial clearance. Guidance on this is available at Steps 33 and 34 of the Step-by-Step Guide to Handling FOI/EIRs Requests.
Rebecca Small | Enquiry Officer | iTECS: Central Enquiry Unit | Digital Directorate | Scottish Government | Ext: 35012/46193 | Tel: 0131 244 6193 | Email: [email address]
-----Original Message-----
From: Richie Reid <[FOI #596611 email]>
Sent: 14 October 2019 14:00
To: Central Enquiry Unit <[email address]>
Subject: Re: CEA - correspondence with Scottish Government and partner agencies - 201900003902 - Richie Reid
Dear Scottish Government,
Thank you for your response. Just to be clear, you are claiming that the Scottish Government currently does not have a policy on EU membership? And that you have applied this exemption because this policy will depend on the result of Brexit?
And you are claiming this after directing me to the Scottish Government’s own “Scotland’s Future” paper, which, to quote your own response “discusses an Independent Scotland’s membership within the European Union”.
You are claiming this after the publication of “Protecting Scotland's Future: the Government's Programme for Scotland 2019-2020” on 3 September 2019 which states “The Scottish Government believes the best future for Scotland is to become an independent member of the EU”.
https://www.gov.scot/publications/protec...
You are claiming this whilst we have a First Minister making comments such as, “Scotland must have the choice of becoming an independent, European nation”, “EU membership means we can all work together to raise standards and tackle climate change”, “EU membership also means people in Scotland have the opportunity to live and study freely in Europe; just as our fellow EU citizens are free to come to Scotland to make a contribution here,” “Membership of the EU also boosts jobs,” and “It is not just the economic benefits of EU membership that are important, although they are very substantial.”
Indeed, just this morning we were told “I think it's time Scotland chose our own future so that we can determine whether we want to stay in a position of having a future imposed upon us by Westminster decisions we don't agree with, or whether were going to become an independent country and able to take those decisions ourselves."
I continue to find it unbelievable that the very government making these claims is willfully hiding the information it is basing these on behind a smokescreen of “policy”.
Yours faithfully,
Richie Reid
-----Original Message-----
Dear Mr Reid
In our response to your FOI request (FoI 19/01907) we stated that “an exemption under section s29(1)(a) formulation or development of Scottish Government policy, of FOISA applies to some of the information you have requested as it relates to Scottish Government policy on the ongoing UK negotiations surrounding Brexit.” This reference to Brexit provides the context; any analysis the Scottish Government has carried out on EU membership is within a range of policy options and depends on the ultimate outcome of Brexit. The application of section s29(1)(a) (formulation or development of Scottish Government policy) was appropriate as this is a live policy issue on which Ministers need to be able to receive free and frank advice on a range of options they may wish to consider.
Regards
Paul
Paul Wood |Policy Manager |International, EU & UK Relations Team |Scotland House - 5th Floor |58 Victoria Embankment |London |EC4Y 0DS
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Dear Scottish Government,
I am fully aware of the next stage of referral, as I have had to use it previously when trying to obtain information from you. I only wish you to make clear your reason for refusal before I take this step, as it seems to contradict the available evidence, in order that I can fully explain my unhappiness at your decision.
I therefore ask again for you to clarify if you are claiming that the Scottish Government currently does not have a policy on EU membership and that you have applied this exemption because this policy will depend on the result of Brexit?
Yours faithfully,
Richie Reid
Dear Mr Reid,
As stated in my previous response, "This reference to Brexit provides the context; any analysis the Scottish Government has carried out on EU membership is within a range of policy options and depends on the ultimate outcome of Brexit."
The Scottish Government does currently have a publically available position on EU Membership as set out here https://www.gov.scot/policies/europe/
Thank you
Paul
Paul Wood |Policy Manager |International, EU & UK Relations Team |Scotland House London
-----Original Message-----
From: Central Enquiry Unit <[email address]>
Sent: 17 October 2019 08:33
To: Wood P (Paul) <[email address]>
Subject: CEA - correspondence with Scottish Government and partner agencies - 201900003902 - Richie Reid
Good Afternoon
The email enquiry below was received at the Central Enquiry Unit today.
I would be grateful if you would deal with this or forward it to the appropriate person / area of business.
You may wish to acknowledge receipt of this email to the enquirer.
Thank you
Michael MacInnes
Ext 46259
Central Enquiry Unit
Reminder: If this email contains a request for information please remember that the Scottish Government is required to respond to all requests for information including e-mails, within 20 working days of receipt in accordance with the Freedom of Information (Scotland) Act. Please refer to the FOI Guidance. All FOI requests received must be registered on the FOI Tracker.
All FOI responses where information is released must be emailed to the FOI Unit immediately after issue, with ‘FOI/EIRs TO PUBLISH’ in the subject line
If the request is from a journalist, responses should be issued by the relevant communications team. Please ensure that you involve them throughout the process and also clear your draft response with SPADs and Ministers. Guidance on this is available at Steps 33 and 34 of the Step-by-Step Guide to Handling FOI/EIRs Requests.
-----Original Message-----
From: Richie Reid <[FOI #596611 email]>
Sent: 16 October 2019 18:03
To: Central Enquiry Unit <[email address]>
Subject: Re: CEA - correspondence with Scottish Government and partner agencies - 201900003902 - Richie Reid
Dear Scottish Government,
I am fully aware of the next stage of referral, as I have had to use it previously when trying to obtain information from you. I only wish you to make clear your reason for refusal before I take this step, as it seems to contradict the available evidence, in order that I can fully explain my unhappiness at your decision.
I therefore ask again for you to clarify if you are claiming that the Scottish Government currently does not have a policy on EU membership and that you have applied this exemption because this policy will depend on the result of Brexit?
Yours faithfully,
Richie Reid
-----Original Message-----
Dear Mr Reid,
Thank you for your correspondence.
As referenced in my previous correspondence, if you are unhappy with the outcome of this review you have the right to appeal to the Scottish Information Commissioner about our decision within 6 months of receiving my previous letter (dated 1 October 2019). Information on how to make an appeal, along with an application form, is available on the Commissioner’s website at: http://www.itspublicknowledge.info/YourR.... You can also contact the Commissioner at:
The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
E-mail: [email address]
Telephone: 01334 464610
Best Regards
Paul Wood
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Dear Mr Reid
On behalf of my colleague, please find attached the response to the above
FOI request, including associated documents.
Kind regards
Andrew
Andrew McDivitt
International Capability and Soft Power | International Futures |
Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
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Dear Mr Reid
Following your application to the Scottish Information Commissioner in
relation to your request reference FOI/19/01907, for information relating
to correspondence or analysis the Scottish Government has carried out on
Scotland’s eligibility for EU membership, we have given some further
consideration to the information held and have determined that the
document titled “Scotland’s possible EU accession post-independence -
Reactions – 14 April 2019”, can now be released in its entirety. A copy of
this document is now attached.
Please note however, that there are some discrepancies with the
information under the “UK politicians and parties” tab within this
document, as follows:
o Row 7 (comments from MSP Patrick Harvie) – the “Stance” at column E
should read “Supportive” not “Against”
o Row 11 (comments from MSP Donald Cameron – the “Stance” at column E
should read “Against” not “Supportive”
o Row 13 (comments from Scottish Conservatives – the “Stance” at
column E should read “Against” not “Supportive”.
You may also wish to note that the information withheld within the “Routes
– draft – REDACTED” and “Routes – technical summary – April 2018”
documents remain exempt under sections 29(1)(a) and 30(b)(ii) of FOISA,
for the reasons given in our review response dated 20 March 2020.
Your appeal is still under consideration by the Scottish Information
Commissioner, and you will receive a response from them in due course.
Kind regards
Andrew McDivitt
International Capability and Soft Power | International Futures |
Directorate for External Affairs
2H South | Victoria Quay | Edinburgh
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Dear Mr Reid,
Please find attached a further response to your FOI request for
information, reference FOI/19/01907.
Yours sincerely,
Louise Cunningham
International Futures | Directorate for External Affairs | Scottish
Government
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Dear Scottish Government,
I would say "thank you for you response", but given the content of it this would be entirely disingenuous. It has taken you eighteen months, an internal review and two separate referrals to the Information Commissioner for you to decide my request exceeds the cost limit, despite my previous clarification on the information I was seeking and having
already responding to this point early in our correspondence.
Having worked in FOI for a number of years I have to say this is by far the worst handling of a case I have ever come across and I am sure that this will be reflected in the Commissioner's report on the matter. Indeed I am convinced there has been a concerted effort on your behalf to ensure this information never sees the light of day.
Whilst I decide what steps to take next, let's narrow the scope to something well within the limit for the time being. I would like to see an unredacted copy of the "routes" document you have previously issued to me. I also want to see all the internal communication that has taken place in relation to my request.
Yours faithfully,
Richie Reid
Our Reference: 202100195000
Your Reference: FOI/19/01907
Dear Richie Reid,
Thank you for your correspondence sent on 16/04/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100195000. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).
Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
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(https://beta.gov.scot/publications/conta...),
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Dear Scottish Government,
Could you please confirm you have received and are processing my response
Yours faithfully,
Richie Reid
Please find attached a response to your correspondence.
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Dear Scottish Government,
Thank you for your response.
With regards to my request for an "unredacted" version of the "routes" document, you could obviously have just have directed me to your previous response, given you have decided not to issue me with an "unredacted" copy. Your application of the exemptions and the public interest test are what I will be raising with the Information Commissioner in relation to this document.
In regards to my request for internal communications, you have assumed incorrectly. I do not wish copies of the documents you have used to apply the cost exemption, many months later, I want to see how you have dealt with my request, in other words you have stated, "Officials were asked to search for and retrieve all internal correspondence relating to your previous request." I would like to see how these requests where submitted and their responses. I would also like to see any SPAD involvement or comments surrounding how to treat my request, including any suggestions of what should or should not be included.
Yours faithfully,
Richie Reid
Our Reference: 202100203619
Dear Richie Reid ,
Thank you for your correspondence sent on 18/05/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100203619. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).
Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
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Dear Mr Reid,
Thank you for your request dated 18 May 2021 under the Freedom of
Information (Scotland) Act 2002 (FOISA) concerning information on the
‘routes’ document [to re-joining the EU]. We received your request on 19
May 2021 and will respond in accordance with FOISA by end 16 June 2021.
I have been asked by Martin Johnson, Director for EU Directorate, to carry
out your review request as I was not involved in handling your original
request. I will be looking at the case afresh to establish whether the
original response should be confirmed, with or without modifications as
appropriate, or a new decision should be substituted.
If you have any queries, please contact me quoting case number
202100203619.
Thanks Sandip
Sandip Mahajan | Japan Policy Officer | International Relations Team |
Directorate for External Affairs | Scottish Government | 2H South,
Victoria Quay, Leith, Edinburgh, EH6 6QQ | [1][email address] |
07584 449100
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Dear Scottish Government,
Thank you for your most recent response. I am sure you have also now had a chance to review the Information Commissioners report into the appalling handling of my request and your application of the cost exemption under Section 12 of FOISA.
As you are aware, I requested an unredacted copy of the “routes” document from you in order to ensure that this cost was not exceeded, however you have once again decided to apply an exemption under section 29(1)(a) of FOISA stating that the Scottish Government’s policy on Scotland’s eligibility for EU membership is still ongoing.
I have noted that the “internal correspondence” that I requested and that you have sent to me states on 3 September 2019 @15:27, “Thank you for this. I agree that 29(1)(a) seems the most appropriate exemption to apply in this instance and that your Public Interest argument reflects the position and will be defendable.”
This is followed by a further email of the same date @11.03 which states, “I understand you were previously advised that, based on only your description, the document sounded likely to fall under 29(1) (a)”.
However, I have read through all the documents you have sent to me, and I am unable to find any reference to how you have concluded that the Public Interest test or indeed the section 29(1)(a) exemption should be applied. Could you firstly therefore please forward me any documentation you have which details this.
Secondly, in order to simplify my request, I would like to receive any analysis that the Scottish Government have carried out, since 2016, which assesses the timeframe which would be required for an Independent Scotland to re-join the EU.
Yours faithfully,
Richie Reid
Our Reference: 202100227221
Your Reference: request-596611-5fac04af
Dear Richie Reid,
Thank you for your correspondence sent on 30/07/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100227221. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).
Yours sincerely
MiCase
Correspondence system for SG and partner agencies
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to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
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Dear Scottish Government,
Thank you for your response.
I am sorry, but as expected, I am still not satisfied with your response and would therefore request that response is subject to an internal review.
As we have been over before, the Scottish Government DOES have a policy on EU Membership. This is more than apparent in the attachments in just your last response,
“The Scottish Government has a clear position that membership of the European Union (EU) is in Scotland’s interests”
“the First Minister has stated her strong desire for Scotland to be a full and active member of the European family of nations. The aim of this paper is to provide an initial overview of potential post Brexit routes for Scotland to re-join the EU.”
“As presented in ‘Scotland’s Place in Europe’ the Scottish Government believes that the best option for Scotland is to be an independent member of the EU.”
I have also noted that you have claimed that, “Ministers and officials need to be able to consider all available options and to debate those rigorously, to understand fully their possible implications. Officials’ candour in doing so will be affected by their assessment of whether the discussions on Scotland’s eligibility for and timeframe related to future EU membership 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,” and that “Disclosing the content of free and frank discussions on Scotland’s future membership of the EU will substantially inhibit such discussions now and in the future, particularly because these they are still ongoing and decisions have not been taken, and relate to sensitive issues.”
Yet, strangely, this only seems to relate to the assessment of the timescale I have requested details of and does not seem to prevent the release of any documentation stating that EU membership is in our best interests. Perhaps you could clarify how, if this assessment was to deem that we would be unlikely to meet the criteria for say, several decades due to your policy on currency, if at all, you could still assert that EU membership is in Scotland’s best interests. I fail to see how you can determine one, and be happy to produce numerous documents stating as such, without the other. At no point in any documentation in relation to the EU have you ever stated that your position is based on any potential timeframe.
I also have numerous issues with the information that you have redacted from your response, as it doesn’t seem to relate to your assessment for the formulation of this policy at all. There are numerous sections that are basic explanations of EU processes that have been removed, such as below:
“The acquis communautaire, often shortened to aquis, consists of the EU’s treaties and laws, declarations and resolutions, international agreements on EU affairs and the judgments given by the Court of Justice. The EU acquis currently consists of 35 chapters, although the number of chapters changes with each membership negotiation. Also known as the Copenhagen Criteria, these chapters have to be successfully opened, negotiated and closed. [REDACTED] [REDACTED] Prior to the 2014 referendum a scoping exercise was conducted to identify what administrative structures would be required in order for an independent Scotland to implement the EU acquis. This involved an assessment of the obligations that would accrue from EU membership in respect of areas that are currently reserved (such as regulation of Financial Services) and also devolved areas where there are shared obligations and structures (such as Transport). [REDACTED] [REDACTED]"
Could you clarify on what basis you have decided that this information should not be released.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
Yours faithfully,
Richie Reid
Our Reference: 202100234945
Dear Richie Reid ,
Thank you for your correspondence sent on 30/08/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100234945. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).
Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
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rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
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