Correspondence and documentation that include the phrase "return on capital": FOI release

Information requested

For the period 1st August 2024 - date, please provide all correspondence and documentation including the phrase "return on capital". Please restrict the search to correspondence and documentation involving the following three directorates of the Scottish Government: Energy and Climate Change, Marine and Offshore Wind.

Response

I enclose a copy of some of the information you requested. Details below:

• Correspondence between Scottish Government and Cairneyhill Ltd
• Correspondence between Scottish Government colleagues sharing an extract from a website
• Correspondence between Scottish Government colleagues regarding a ClimateXChange project
• Correspondence between Scottish Government colleagues regarding political developments in Norway
• Correspondence between Scottish Government colleagues regarding a draft Energy Strategy and Just Transition Plan
• Correspondence between Scottish Government and Crown Estate Scotland sharing slides
• Correspondence between Scottish Government colleagues sharing documents linked to a funding bid
• Correspondence between Scottish Government colleagues and National Gas Transmission
• Correspondence between Scottish Government and UK Government sharing slides
• Correspondence between Scottish Government and Shetland Islands Council
• Correspondence between Scottish Government and Turner and Townsend
• Correspondence between Scottish Government and Aberdeen City Council

Some of the information you have requested is available online. Links are below:

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

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website 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 exemptions under sections 38(1)(b) third party data, 29(1)(a) formulation or development of Scottish Government policy, 27(1) information intended for future publication and 33(1)(b) commercial interests of FOISA applies to that information. The reasons why exemptions apply are explained below:

Exemptions under sections 38(1)(b) third party data, 29(1)(a) formulation or development of Scottish Government policy, 33(1)(b) commercial interests, 27(1) information intended for future publication of FOISA applies to some of the information you have requested.

Exemption under section 38(1)(b) third party data has been applied to protect personal data of a third party (e.g. names have been redacted from emails). 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.

Exemption under section 29(1)(a) formulation or development of Scottish Government policy has been applied by withholding email attachments which contain drafts of policy under development. 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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and 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 on energy strategy will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Exemption under section 33(1)(b) commercial interests. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of National Gas Transmission. Disclosing this information would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial business. 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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for, or enter into, Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

Exemption under section 27(1) information intended for future publication. This exemption has been applied by withholding an email attachment of a document that is due to be published in March 2025, which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release this information before the planned publication date. 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. We recognise that there is some public interest in release as part of open, transparent and accountable government and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

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FOI 202500451993 - Information released - Documents

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