- 7 Jun 2021
Date received: 25 Apr 2021
Date responded: 24 May 2021
Any communications made from the 01/01/2017 that Scottish Government holds relating to Section 16.1(e) of the Wildlife and Countryside 1981, including communication with Nature Scotland (SNH) and Defra / Natural England.
Section 16.1(e) relates to the power to grant licenses for the purpose of falconry or aviculture.
Attached is a copy of most of the information 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 exceptions under regulations 36(1) (legal advice) of the FOISA applies to the information.
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 release because, However, this is outweighed by the public interest in ensuring confidentiality of legal advice.
Some of the information you have requested is available in the form of responses to parliamentary questions and on the Scottish Parliaments petitions site. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. You requested correspondence including that with NatureScot (formerly SNH) and Defra/Natural England, whilst we have endeavored to provide this information these organisations may hold communications which we do not.
However, you may wish to contact NatureScot or Defra at the following contact details who may be able to provide further information.
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 Andrews House