Correspondence regarding answer to Parliamentary Question S6W-33595: EIR release

Information requested

All internal Scottish Government correspondence, involving Civil Servants and/or Special Advisers, discussing the drafting of this answer provided by Gillian Martin to a written question asked in the Scottish Parliament:

https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S6W-33595

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 all of the information you requested.

Exemptions apply, not subject to the public interest test

An exception under regulation 11(2) of the EIRs applies to some of the information you have requested.

This regulation relates to the personal data relating to third parties.

Annexes to the Standard Response - Reasons for not providing information

An exception applies

An exception under regulation 10(4)(d) of the EIRs applies to some the information you have requested. This regulation relates to material in the course of completion, unfinished documents, or incomplete data. This regulation is subject to the public interest test. This exception applies to all documents due to sharing of numerous document iterations sharing ideas and drafts of the PQ answer.

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 it would demonstrate transparent and open government. However, this is outweighed by the public interest in internal discussions on draft documents and need for sharing of draft ideas.

An exception under regulation 10(4)(e) of the EIRs applies to some the information you have requested. This regulation relates to internal communications and is designed to protect internal decision-making processes. This regulation is subject to the public interest test. This exception applies to all email chains due to sharing of numerous opinions and ideas which contribute to drafting of the PQ answer.

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 it would demonstrate transparent and open government. However, this is outweighed by the public interest in internal discussions on draft documents, emails and need for sharing of draft ideas.

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.

EIR 202500450327 - Information released - Documents

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