Humane Cable Restraints: EIR release

Information requested

• All internal government correspondence in relation to the proposed licensing scheme to retain humane cable restraints, submitted by Scottish Land & Estates on Monday 30 October.
• All internal government correspondence in relation to the REVIVE National Conference in Perth on Sunday 12 November 2023, particularly in relation to the expected attendance of the Minister for Green Skills, Circular Economy and Biodiversity and the Minister for Energy and the Environment.

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 enclose a copy of some of the information you requested.

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.

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 the release of this information as part of open, transparent and accountable government, and to inform public debate.

However, there is a greater public interest in high quality decision-making, and in the properly considered implementation and development of 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 will be disclosed, when it may undermine or constrain the Government’s view 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.

FOI 202300384639 - Information Released - Documents

File type

5 page PDF

File size

381.3 kB