Net Zero Investor Panel quote regarding ScotWind, Hydrogen and Heat: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

All documents and correspondence on the “sector deep dive” work described in the following remark, included in the published Scottish Government minutes of the October 2023 meeting of the (Net Zero) Investor Panel: “Gavin Templeton then spoke about the work that the Panel had progressed on the sector deep dive into ScotWind, Hydrogen and Heat.”


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 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 have requested.

Some of the information you have requested is available from the website page detailing information on the Investor Panel sector deep dive which falls within the scope of your request. The information can be found here

The website provides an overview of the work of the Panel, the Terms of Reference, membership and the following documents.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the web pages listed, then please contact me again and I will send you a paper copy.

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 an exception under regulation 10(4)(e) of the EIRs applies to that information. The reasons why that exception applies are explained in Annex A to this letter.

An exception under regulation 11(2) of the EIRs (personal information) also applies to a small amount of the information requested because it is personal data of a third party (individuals’ names) and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception 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 exception.

Having undertaken a thorough search I have identified a number of internal briefings and notes which mention the sector deep dive. In all instances however this was not the main focus of the briefing or note and references were stand-alone mentions in a larger context being presented in a document. Relevant extracts from these briefings and notes are therefore provided in Annex B to this letter.

It may be helpful if I explain that interviews and correspondence with some public bodies and private sector stakeholders which Panel members led were conducted on a confidential basis.

The Panel make clear in the methodology section of their published recommendations paper (link provided earlier in this response) that they held confidential conversations with over 40 institutions, companies, advisers and individuals who are active in making infrastructure investments and, mostly, know Scotland.

To allow free and frank conversation the SG did not have sight of any minutes of meetings.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

EIR 202300390023 - Information Released - Annex A and B
EIR 202300390023 - Information Released - Annex C


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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