Stobo woodland creation scheme information: EIR Review

Information requested

Original request 202400439411

In respect of the Stobo woodland creation scheme (23FGS74574), located in the South Scotland conservancy.

Please could Scottish Forestry provide information in respect of the following:

1. The identities of entities and/or individuals who have invested in the Forestry Carbon Sequestration Fund.

2. Is the Stobo woodland creation scheme still registered with the Woodland Carbon Code?

3. All communication between Scottish Forestry and the Rural Payments Inspectorate Directorate concerning the site for the Stobo woodland creation scheme from 2020 up to the present day.

4. Details of any inspection of the Stobo site by Scottish Forestry from 1 January 2023 to date, including the date of the inspection, the purpose of the inspection, the job titles of the officers who attended and any report of the inspection.

5. Details of any inspection of the Stobo site planned by Scottish Forestry, providing similar details as so far applicable.

6. Copies of correspondence between Scottish Forestry and third parties concerning the Stobo Woodland creation scheme from 1 July 2024 to date.

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for

1. The identities of entities and/or individuals who have invested in the Forestry Carbon Sequestration Fund.

2. Is the Stobo woodland creation scheme still registered with the Woodland Carbon Code?

3. All communication between Scottish Forestry and the Rural Payments Inspectorate Directorate concerning the site for the Stobo woodland creation scheme from 2020 up to the present day.

4. Details of any inspection of the Stobo site by Scottish Forestry from 1 January 2023 to date, including the date of the inspection, the purpose of the inspection, the job titles of the officers who attended and any report of the inspection.

5. Details of any inspection of the Stobo site planned by Scottish Forestry, providing similar details as so far applicable.

6. Copies of correspondence between Scottish Forestry and third parties concerning the Stobo Woodland creation scheme from 1 July 2024 to date.

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs). I will go through each point individually.

All communication between Scottish Forestry and the Rural Payments Inspectorate Directorate concerning the site for the Stobo woodland creation scheme from 2020 up to the present day.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to all of the information you have requested because it is internal communication between Scottish Government officials about the Stobo woodland creation scheme.

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 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 the Stobo woodland creation scheme will be disclosed in the near future, when it may undermine or constrain the Government’s view on the Stobo woodland creation scheme while it is still under discussion and development.

Details of any inspection of the Stobo site planned by Scottish Forestry, providing similar details as so far applicable.

There is no information held as no inspections have taken place or are planned to take place, therefore Regulation 10(4)(a) applies. This is a formal notice under 10(4)(a) of the EIRs that the Scottish Government does not hold the information you have requested.

This exception is subject to the 'public interest test'. Despite not holding this information, we have a statutory obligation to apply this 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. While we recognise that there may be some public interest in information relating to inspection of the Stobo site, clearly we cannot provide information that we do not hold.

Copies of correspondence between Scottish Forestry and third parties concerning the Stobo Woodland creation scheme from 1 July 2024 to date.

Scottish Forestry is releasing a copy of the Stobo Enforcement Notice and is attached.

Additional information relating to this point cannot be released under the EIR Regulation 10(5)(b) (Substantial prejudice to course of justice.).

An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) applies to the information you have requested because it is legal advice and disclosure would breach legal professional privilege.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. It is clearly in the public interest that decisions are taken by the Government in a fully informed legal context. Ministers and officials therefore need high-quality, comprehensive legal advice for the effective conduct of their business. That advice needs to be given in context, and with a full appreciation of relevant facts. Without such legal advice, which can only be provided frankly and comprehensively in the knowledge that it will be kept in confidence, the quality of the Government’s decision-making would be much reduced since it would not be fully informed.

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 202500453779 - Information released - Enforcement Notice

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