Publication - FOI/EIR release

All internal SGRIPD correspondence pertaining to Auchencheyne Ltd:FOI release

Published: 18 July 2018
Directorate: Economic Development Directorate
Part of: Farming and rural, Public sector

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/18/01589
Date received: 30 May 2018
Date responded: 9 July 2018

Information requested

1. All internal SGRIPD correspondence pertaining to Auchencheyne Ltd, Auchencheyne, Moniaive, Dumfries DG3 4EW, their representatives or their directors.

2. Any correspondence between SGRID and BCMS relating to Auchencheyne Ltd, Auchencheyne, Moniaive, Dumfries DG3 4EW their representatives or their directors.

3. All correspondence between SGRID and any third party pertaining to Auchencheyne Ltd, Auchencheyne, Moniaive, Dumfries DG3 4EW their representatives or their directors.

Response

I enclose a copy of most 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 exemptions under various sections of FOISA applies to that information. These exemptions are: s.29(1)(a) (policy formulation) and s.38(1)(b) (personal information). The reasons why that exemption(s) applies are explained below.

Reasons for not providing information

An exemption(s) under section(s) s.38(1)> of FOISA applies to some of the information you have requested because it is personal data of a third party, ie names and details of officials of the Scottish Government and other organisations, names and details of third parties including representatives and customers of Auchencheyne Ltd, personal phone numbers, etc, and disclosing it would contravene the data protection principles in 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.

An exemption under section s.29(1)(a) of FOISA applies to some of the information you have requested because it relates to the formulation of Scottish Government policy on cattle traceability.

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. We recognise that there is some 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 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 cattle traceability will be disclosed in the near future, when it may undermine or constrain the Government's view on that policy while it is still under discussion and development.

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