Correspondence relating to Deposit Return Scheme: EIR release

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

Information requested

For the dates Tuesday 6 and Wednesday 7 June, please provide me with:

  1. Copies of all correspondence between the Minister for Green Skills, Circular Economy and Biodiversity (including with her Private Office and officials) and a) businesses and b) trade associations relating to the Deposit Return Scheme. Within GDPR guidelines, this should make clear which organisations are corresponding with the Minister/her office in each instance;

  2. All available documents (i.e. notes, minutes, or other recorded material) held by the Office of the Minister for Minister for Green Skills, Circular Economy and Biodiversity relating to engagements between the Minister and businesses or trade associations primarily or solely concerning the Deposit Return Scheme; 

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.


I have included copies of the information you have requested in Annex B.

On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

Annex A - 202300361016
Annex B - 202300361016


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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