Bute House Agreement meetings: FOI release

Information requested

How many Scottish Government Cabinet meetings Patrick Harvie and Lorna Slater have attended since the Bute House Agreement and the present day and when each of these meetings were attended for each of the two Greens ministers. I would also like to know why they attended each Cabinet meeting and what was discussed.”

Response

Patrick Harvie MSP has attended Cabinet on 9 occasions and Lorna Slater MSP has attended Cabinet on 11 occasions, this is in line with the commitment in paragraph 32 of the Cooperation greement between the Scottish Government and the Scottish Green Party Parliamentary Group which states that "At least twice a year, the First Minister will invite the Co-Leaders of the Scottish Green Party to attend Cabinet.

The table below sets out the dates of the Cabinet meetings that the Green Ministers have attended. The purpose of their attendance at Cabinet on 26 April 2022 was to review the progress made in implementing the Bute House Agreement during its first six months. The purpose of their attendance at Cabinet on 16 August 2022 and on 15 August 2023 was to participate in consideration of the draft Programme for Government. The purpose of Ms Slater’s attendance at Cabinet on 29 August 2023 was to participate in consideration of the final Programme for Government 2023-24. Mr Harvie’s attendance at Cabinet on 5 December 2023 was to participate in consideration of the Scottish Budget 2024-25, and the purpose of both Green Ministers’ attendance at Cabinet on 7 December 2023 was to participate in further consideration of the Scottish Budget 2024-25.

The Green Ministers each attended a Travelling Cabinet in 2023 at the invitation of the First Minister. Their attendance at Cabinet on the remaining dates was in their ministerial portfolio capacity.

CABINET MTG DATE	GREEN MINISTER/S ATTENDING	CABINET MTG DATE	GREEN MINISTER/S ATTENDING
26 Apr 2022	Ms Slater/Mr Harvie	12 Sept 2023	Ms Slater
16 Aug 2022	Ms Slater/Mr Harvie	2 Oct 2023 (Inverary)	Mr Harvie
30 Aug 2022	Mr Harvie	7 Nov 2023	Mr Harvie
28 Feb 2023	Ms Slater	5 Dec 2023	Mr Harvie
30 May 2023	Ms Slater	11 Dec 2023 (Haddington)	Ms Slater
6 Jun 2023	Ms Slater	7 Dec 2023	Ms Slater/Mr Harvie
20 Jun 2023	Ms Slater	2 Oct 2023 (Inverary)	Mr Harvie
15 Aug 2023	Ms Slater/Mr Harvie
29 Aug 2023	Ms Slater
5 Sept 2023	Mr Harvie

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information under this part of your request because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out below.

Paragraph 2.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times. Cabinet papers/agendas/minutes are essential elements which support and assist collective discussion in the private space which Ministers need to reach agreed positions.

The weekly meeting of the Scottish Cabinet is the highest decision-making forum within the Scottish Government, and it follows that all information considered by Cabinet must be handled with great care.

Properly functioning Cabinet processes are generally recognised to be of vital public interest: Cabinet government is based on the principle of collective responsibility, which the Scottish Ministerial Code defines in the following terms:

"The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. … The internal processes through which a Government decision has been made should not normally be disclosed." (Scottish Ministerial Code, 2018 edition, paragraphs 2.1 and 2.4)

Cabinet papers are invariably produced on the assumption that they will not be disclosed until a significant amount of time has elapsed.

Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow Ministers some private space for discussion. 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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for 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, which in turn will undermine the quality of the policy-/decision-making process.

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