Carbon Capture Fund correspondence: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
All correspondence received by or communicated from the following ministers or their special advisors, during the dates specified, relating to the £80m fund for Carbon Capture as part of the Scottish Government’s Emerging Energy Technologies Fund as referenced here https://www.gov.scot/news/scottish-cluster-support/
Richard Lochhead (19 May 2021 – 29 March 2023)
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.
I enclose a copy of some of the information you requested.
Some of the information you have requested is available from a website and these websites have been listed in an Annex. 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 website(s) 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(s) under regulation 10(4)(d) (Material in the course of completion, etc.), regulation 10(4)(e) (internal communications) and regulation 11(2) (Third party personal data) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.
Annex - Reasons for not providing information
An exception under regulation 10(4)(d) of the EIRs applies to some of the information you have requested. Regulation 10(4)(d) covers material which is still in the course of completion or is unfinished and applies if the final versions of these documents are in the public domain or is in draft form. 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 because of the need for open and transparent government. However, this is outweighed by the public interest in the need to be able to develop policy and documents in private space.
An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested. Regulation 10(4)(e) covers internal communications and can apply to all internal communication within the Scottish Government.
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 because of the need for open and transparent government. However, this is outweighed by the public interest in the need to be able to develop policy and documents in private space.
An exception under regulation 11(2) of the EIRs applies to some of the information you have requested. Regulation 11(2) covers personal data of a third party 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. The exception to this is names of individuals at Deputy Director level or above within the Scottish Government and Senior Managing Directors of external organisations. Regulation 11(2) of the EIRs (personal information) 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.
Annex – Information in public domain
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG