Correspondence over South Gyle-Dalmeny rail electrification route clearance work: EIR release

Information requested

May I request under FoI any correspondence or other documents relating to discussions involving Jenny Gilruth prior to 12 Oct 2022, over the South Gyle-Dalmeny rail electrification route clearance work - planned Dec 2022 blockade.

On 31 May Transport Scotland sought clarification and you confirmed that you were looking for information as follows:

a) any correspondence directly involving Jenny Gilruth prior to 12 Oct 2022, over the South Gyle-Dalmeny rail electrification route clearance work - planned Dec 2022 blockade; and:

b) any other documents relating to discussions involving Jenny Gilruth, directly including Jenny Gilruth, prior to 12 Oct 2022, over the South Gyle-Dalmeny rail electrification route clearance work - planned Dec 2022 blockade.

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

I enclose Annex A, which includes copies of documents you requested.

You will see that some of the information has been redacted in line with the following EIR exemptions:

Regulation 11(2) – Personal data relating to third party

An exemption under regulation 11(2) personal information of the EIRs applies to some of the information requested because it is personal data of a third party, i.e. names and contact details of individuals, 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.

Regulation 10(4)(e) - 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 relates to internal exchanges between Scottish Government’s officials or between officials and Ministers. This exception applies because disclosure would, or would be likely to, inhibit substantially frank and open communications within the Sottish Government. This exception recognises the need for officials to have a private space within which to provide a free and frank exchange of views with colleagues within Scottish Government including Ministers. Disclosing the content of some internal communications would inhibit the exchange of advice in future between officials and Ministers in relation to future decision making.

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 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 exchange advice, as part of the process of exploring and refining the Government’s decision making process. This is essential to enable all options to be properly considered, based on the best available advice, so that good quality decisions can be taken. Disclosure is likely to undermine the full and frank internal exchange of advice between officials and officials and Ministers, which in turn, will undermine the quality of the decision making process, which would not be in the public interest.

The information that has been redacted has been clearly marked with the relevant exception i.e. Reg 10(4)(e).

The remaining information that has been redacted is that which falls into the exception of Regulation 11(2) – Personal data relating to third party

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.

202300357652 Annex

File type

14 page PDF

File size

403.1 kB