Correspondence with Local Government Minister regarding PPA-390-2043: EIR release

FOI reference: FOI/18/02167  
Date received: 10 August 2018
Date responded: 6 September 2018

 

All correspondence between Scottish Government staff and the Minister for Local Government, Housing & Planning regarding PPA-390-2043 from date Reporter's Report was submitted on 1 June 2017 to date.

 

 

The “to date” search was the date of your request, 10 August 2018.

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.

Documentation which fits the scope of your request is below – the exemption applied under EIA regulations is 11(2) which related to personal data within emails and letter chains.

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