Publication - FOI/EIR release

Regulatory Impact Assessment of Proposals for Flood Risk: EIR release

Published: 8 June 2018
Directorate: Environment and Forestry Directorate
Topic: Public sector

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

FOI reference: FOI/18/01399
Date received: 27 April 2018
Date responded: 22 May 2018

Information requested

The 'Regulatory Impact Assessment of Proposals for Flood Risk Management (Scotland) Bill' published on 3 September 2008 advises at Section 3, 3.4 and 3.5 that a consultation document was released in 2007 and had a response from 145 organisations.

I have been unable to locate these on your website and I would therefore be grateful if you would either, provide me with copies of the document and responses received or advise me of where it can be accessed on your website as I may well be looking in the wrong area.

Response

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.

This is the link to the consultation document on 'The Future of Flood Risk Management in Scotland' http://www.gov.scot/Publications/2008/02/13095729/0

I have also included for your information a link to the report produced on the analysis of the consulation responses. http://www.gov.scot/Publications/2008/08/07162000/0

I now enclose copies of the responses to the consultation that we hold.

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