Environmental Standards Scotland (ESS) sewage report correspondence: EIR release

Information requested

A copy of all documents which discuss the Environmental Standards Scotland report, Storm overflows - An assessment of spills, their impact on the water environment and the effectiveness of legislation and policy, since its publication in September 2024.

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 most of the information you requested.

Some of the information you have requested is available from:

https://www.scotlibdems.org.uk/news/article/lib-dems-reveal-private-company-overseeing-hundreds-ofsewage-dumps
https://environmentalstandards.scot/our-work/our-analytical-work/the-scottish-governments-response-toess-storm-overflows-report/
https://wics.scot/publications/scottish-water/performance/scottish-water-performance-report-2023-24
https://www.parliament.scot/chamber-and-committees/questions-and-answers/question?ref=S6W-35133
https://environmentalstandards.scot/our-work/our-analytical-work/sepas-response-to-ess-stormoverflows-report/
https://environmentalstandards.scot/our-work/our-analytical-work/scottish-waters-response-to-essstorm-overflows-report/

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

An exception under regulation 11(2) of the EIRs (personal information) applies to all 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 exception 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.

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 exception under regulation 10(4)(e) (internal communications) of the EIRs applies to that information. The reason why that exception applies is that some of the documents involve internal communications between officials and Ministers.

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 for specific elements of the advice - it is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

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 exception under regulation 10(4)(d) (material in the course of completion) of the EIRs applies to that information. The reason why that exception applies is that one of the documents is a draft letter from the Scottish Government to Environmental Standards Scotland. However, I can confirm that the final published copy of this letter is available at https://environmentalstandards.scot/our-work/our-analytical-work/the-scottishgovernments-response-to-ess-storm-overflows-report/.

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 202500458264 - Information released - Annex

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