Publication - FOI/EIR release

DPEA Environmental Consent Appeal, appeal reference ENVC-170-1: EIR release

Published: 6 June 2018
Directorate: Legal Services (Solicitor to the Scottish Government)
Topic: Public sector

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

FOI reference: FOI/18/01261
Date received: 30 April 2018
Date responded: 30 May 2018

Information requested

All information and material held in relation to the DPEA Environmental Consent Appeal, appeal reference ENVC-170-1.

Response

As you know, 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 attach copies of all of the information you 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 an exception(s) under regulation(s) 10(4)(e) (internal communications). The reasons why that exception(s) applies are explained in below.

An exception under regulation 10(4)e of the EIR's (internal communications) applies to some of the information you have requested because it is internal communications between Scottish Ministers and officials regarding the appeal against refusal to grant car licence and including legal advice for removal of gravel banks from the River Nith 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 some public interest in release 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 the Whitesands Flood Prevention Scheme will be disclosed in the near future, when it may undermine or constrain the Government's view on that issue while it is still under discussion and development.

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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