Further details regarding ScotWind leasing round correspondence: EIR release

Information requested

This is a follow up request to a previous FOI response. Ref: 202500450970.

The above referenced FOI response provided an email (flagged as high priority) sent by the Deputy Private Secretary to the First Minister on 17th January 2022.

The email stated that the “FM would like in due course some further detail” on various matters including “how we develop our strategic approach to consider if/to what extent we can raise our  ambition above 10GW”.

Please provide all further details provided to the First Minister, since 17th January 2022, on this particular point.

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.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to most of the information you have requested because it is internal communication between Scottish Government Ministers.

Paragraph 6.1 of the Scottish Ministerial Code provides that "the privacy of opinions expressed and advice offered within the Government should be maintained" at all times.

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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy-/decisionmaking process.

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 202500455140 - Information Released - Annex

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