Publication - FOI/EIR release

Briefing notes for Cabinet Secretary for Transport, Net Zero and Just Transition Committee: EIR release

Published: 15 January 2024
Directorate: Marine Directorate
Topic: Public sector
FOI reference: 202300363841
Date received: 28 June 2023
Date responded: 27 July 2023

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

All briefing notes that were provided to Máiri McAllan, Cabinet Secretary for Transport, Net Zero and Just Transition, in advance of her appearance before the Committee for Net Zero, Energy and Transport on 27 June.

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

A copy of some of the information you requested has been attached.

While our aim is to provide information whenever possible, in this case exceptions apply to some of the information. I have set out below why these exceptions apply, and outlined the public interest in maintaining the exceptions where appropriate.

Personal Information
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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 exception 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 exception.

Internal Communications
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication provided to support a Minister prior to a Committee appearance.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. 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 briefing for Committee appearances. It is clearly in the public interest that Ministers can properly provide sound information to Committee, and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature 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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.