Scotia Gas Networks (SGN) correspondence regarding the First Minister's visit to the H100 project: FOI release

Information requested

Any correspondence between SGN and Scottish Government officials and meetings in the lead up to John Swinney's visit to the H100 project on 04/02/2025.

This should include emails, text messages, whatsapps, letters and minutes of any meetings.

Response

I enclose a copy of the information you requested.

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 exemption(s) under section(s) s.38(1)(b) (personal information) of FOISA applies to that information.

An exemption under section 38(1)(b) of FOISA (personal information) also applies to some of the information requested because it is 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.

This exemption 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 exemption.

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 exemption(s) under section(s):

• s.30(b)(ii) (Free and Frank exchange),
• s.39(1) (Health and Safety),
• s.30(c) (Substantial prejudice to effective conduct of public affairs)

Exemption s.30(b)(ii) (Free and Frank exchange), 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. We recognise that there is some public interest in release because disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s position on the proposed details of the First Minister’s visit to H100, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision-making making process, which would not be in the public interest.

An exemption under section 39(1) of FOISA applies to some of the information you have requested as its disclosure would, or would be likely to, endanger the health or the safety of an individual. Exemption s.39(1) (Health and Safety), 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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in ensuring the health and safety of individuals.

Exemption s.30(c) (Substantial prejudice to effective conduct of public affairs) 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. We recognise that there is some public interest in release because disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on the proposed details of the First Minister’s visit to H100, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence, such as that provided by SGN. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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.

FOI 202500451356 - Information released - Attachments

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626.1 kB

FOI 202500451356 - Information released - E-mails

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1.7 MB

FOI 202500451356 - Information released - Meetings

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PDF

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178.7 kB