Correspondence concerning the licensing of grouse shooting: FOI release

Information requested

• Copies of all correspondence between the Scottish Government and Police Scotland concerning the licensing of grouse shooting between 1st January 2021 and 24th February 2023;
• copies of all correspondence between the Scottish Government and NatureScot concerning the licensing of grouse shooting between 1st January 2021 and 24th February 2023;
• any assessment or estimate undertaken as to the costs of creating and operating the licensing of grouse shooting; and
• a copy of the regulatory impact statement or assessment undertaken into the licensing of grouse shooting

Response

For ease of reference I have responded to each of your requests separately below.

• copies of all correspondence between the Scottish Government and Police Scotland concerning the licensing of grouse shooting between 1st January 2021 and 24th February 2023
• copies of all correspondence between the Scottish Government and NatureScot concerning the licensing of grouse shooting between 1st January 2021 and 24th February 2023

I attach a copy of some of the information you have requested.

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 section 29(1)(a) (formulation or development of government policy) and 30(b)(i) (free and frank provision of advice) of FOISA apply to that information. The reasons why that exemption applies are explained below.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on the licensing of grouse moors.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on licensing of grouse moors 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.

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 on licensing of grouse shooting between the Scottish Government and Police Scotland or NatureScot will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and the licensing scheme for grouse shooting is still in development. Furthermore, the purpose of licensing grouse shooting is to tackle raptor persecution, and the development of the licensing scheme is a sensitive issue relating to restricting grouse shooting businesses where suspected wildlife crime has taken place. It is therefore important that the Scottish Government is able to take advice from Police Scotland, and other relevant organisations, in confidence while that policy is developed.

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 policy on the licensing of grouse shooting, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) also applies to a small amount 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 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.

No documents have been withheld to protect this information, but any identifying details have been removed from the documents. Where information has been removed we have tried to ensure the organisations individuals are representing is clear.

• any assessment or estimate undertaken as to the costs of creating and operating the licensing of grouse shooting

The information you have requested is included in the Financial Memorandum which was published alongside the Wildlife Management and Muirburn (Scotland) Bill on the Scottish Parliament website. You can find the information specifically relating to the costs of creating and operating the licensing of grouse shooting here: Financial Memorandum accessible (parliament.scot).

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.

• a copy of the regulatory impact statement or assessment undertaken into the licensing of grouse shooting

We are unable to provide the information you have requested because an exemption under section 27(1) (information intended for future publication) of FOISA applies to that information.

An exemption under section 27(1) of FOISA applies to the information requested because we intend to publish the Wildlife Management and Muirburn (Scotland) Bill Business and Regulatory Impact Assessment (BRIA) very shortly, and no later than 7 April 2023, which is within 12 weeks of the date of your request. The BRIA is currently with the publishers and is undergoing final checks and we consider that it is reasonable to withhold the information until that date, rather than release this information before the planned publication date. We will be happy to notify you once the BRIA has been published and provide you with the link to the website.

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 some public interest in release because there is a public interest in the regulatory impact of licensing grouse shooting, but this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

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.

FOI - 202300345010 - information release

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