Cabinet Secretary for Net Zero and Energy meetings and minutes with SSEN: EIR release

Information requested

The minutes of your meetings with SSEN and Ms Gillian Martin and clarify why you believe it is appropriate to engage with a company proposing such significant infrastructure, which will severely amount to the destruction of swathes of the countryside in the North East, while also claiming that the Ministerial Code prevents you from engaging with the communities affected by these proposals.

Response

I enclose a copy of all of the information you requested. The Cabinet Secretary for Net Zero and Energy, Ms Gillian Martin, met with SSEN three times in 2024 and the notes of these meetings have been provided as requested.

You also enquired about why the Cabinet Secretary met with SSEN and not with communities affected by proposals. Scottish Ministers have responsibility for determining applications relating to overhead line transmission infrastructure, under section 37 of the Electricity Act (1989). The Scottish Ministerial Code is clear on the need for ministers to observe caution on engaging with groups or people in relation to specific planning decisions. Chapter 5 of the code states Ministers ‘must do nothing which might be seen as prejudicial to that process, particularly in advance of the decision being taken’ on any application ‘which is before, or may subsequently be referred to, the Minister(s) for decision.’ As such, it is recommended that Ministers should not meet individuals or groups in relation to specific planning applications or decisions – even if the application in question is not yet ‘live’.

In relation to meetings with SSEN, it is important to note that any meetings that Ministers have with Transmission Owners (TOs), such as SSEN, are part of routine engagement with industry. These follow the same principle as above, with meetings covering a range of subjects, but no discussion of specific developments and, therefore, the Code is not engaged.

Annex A
An exception under regulation 11(2) of the Environmental Information (Scotland) Regulations 2004 EIRs applies to some of the information you have requested. This exemption is in relation to personal data relating to third parties and 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 exception.

An exception under regulation EIR 10(5)(e) of the EIRs applies to some of the information you have requested. This exemption is in relation to confidentiality of commercial or industrial information, provided for by law to protect legitimate economic interest.

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 Scottish Government wishes to remain open and transparent. However, this is outweighed by the public interest in releasing detail on commercially confidential information disclosed by a third party.

Regulation 10(4)(e) of the EIRs allows a Scottish public authority to withhold internal communications. The exception covers all internal communications, regardless of their content or the level of harm that disclosure would be likely to cause. However, internal communications cannot be withheld under regulation 10(4)(e) unless there is a greater public interest in keeping the information secret than in disclosing it (regulation 10(1)(b)). This means that, even if the exception applies, the information should still be disclosed unless the public interest in withholding the information outweighs the public interest in making it available.

This exception has been applied in a limited number of cases where there are internal meeting notes and a need for private discussion of issues. In all cases, the need to ensure transparency has been considered and it has only been applied where no benefit to the public interest can be gained from disclosure of internal communications.

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 202500455621 - Information Released - Annex B

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