- 6 Feb 2018
FOI reference: FOI/18/00208
Date received: 23 January 2018
Date responded: 1 February 2018
You asked for information relating to the Scottish Government tender CR/2010/18 Refining Benthic Process models (NewDepomod):
- Written report and policy recommendations
- Electronically navigable user guide and technical references
- Electronically navigable final report
- Research summary -giving a wider look at what the findings mean in a wider context
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.
Our aim is to provide information whenever possible.
Please find released Annex A - written report and policy recommendations/ Electronically navigable final report.
Due to the file size of Annex A, copies can be provided on request by emailing email@example.com, quoting the FOI reference number FOI/18/00208.
You also asked for the policy recommendations. These have not yet been concluded as the new regulatory standard DZR, with which NewDEPOMOD was developed to operate during the course of the project, has not yet been confirmed. The policy recommendations will then be made in collaboration with SEPA.
Please find released Annex B - electronically navigable user guide and technical references.
This high level user guide is under continuous review and refinement as the programme is further developed and again is subject to DZR adoption.
This summary, to the extent it can be currently presented in relation to consenting implications, is covered in Section 4.4 of the final report attached above. Ongoing work on this subject will be discussed with SEPA.
In this instance the Scottish Government does not have all the information you have requested. Therefore we are refusing that part of your request under the exception at regulation 10(4) (a) of the EIRs.
As the exception is conditional we are required to apply the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing 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. While we recognise that there may be some public interest in the information requested, clearly we cannot provide information which we do not hold.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House