Correspondence regarding Scotland offshore wind potential: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
FOI request:
In November 2022 the Scottish Government announced that it would be updating the discredited statistic that Scotland has 25% of Europe’s offshore wind potential. Please provide:
1. All internal Scottish Government correspondence (8th November 2022 - date) related to the updating of the statistic, including between Ministers, Civil Servants, Special Advisers, Press Officers, and external parties.
2. Any scoping documents produced by the Scottish Government discussing the parameters and assumptions underpinning an updated statistic.
3. The identity (or position) of the person or organisation undertaking the work to update the statistic.
4. The timetable for when the updated statistic is expected to be published, and any progress reports on the status of the work.
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.
Response to your request
I attach a copy of some of the information you requested.
The answers to your questions are:
1. Please find attached a document entitled ‘202300356373 – EIR – Emails File - Redacted’ which contains all internal correspondence (8th November 2022 – now) relating to the updating of this statistic.
2. Please find attached a document entitled ‘202300356373 – EIR – Documents File - Redacted’, which contains all scoping documents produced by the Scottish Government discussing the parameters and assumptions underpinning an updated statistic.
3. The persons undertaking the work to update the statistic are Scottish Government officials.
4. Work to update the statistic is ongoing and will be published in due course.
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 regulation 10(4)(d) Material in the course of completion and 10(4)(e) Internal Communications of the EIRs applies to that information. The reasons why these exceptions apply are explained in the Annex to this letter.
ANNEX
An exception under regulation 10(4)(d) Material in the course of completion of the EIRs applies to some of the information you have requested. This exception applies as: there are a number of the emails and documents which contain draft details of updating the statistic which are still being worked on; and this is an ongoing task which will be completed and published in the near future.
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 this will be met be our planned publication in due course. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public.
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between Scottish Government Ministers and/or officials about updating the statistic that Scotland has 25% of Europe’s offshore wind potential.
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 statistic that Scotland has 25% of Europe’s offshore wind potential will be disclosed in the near future, when it may undermine or constrain the Government’s progress on that issue 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.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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