Information on the use of biomass boilers: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.


Information requested

All briefings/analysis done by the Government/for the Government on the use of biomass boilers, from the last six months.

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 ofyour request.

I enclose a copy of some of the information you requested in the format you asked for.

Some of the information you have requested is published. 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 website(s) listed, then please contact me again and I will send you a paper copy. Please see links below to information that may be relevant to your request:

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 exceptions under regulations:

  • 10(4)(d) (material in the course of completion)
  • 10(4)(e) (internal communications)

The reasons why these exceptions apply are explained in the Annex to this letter.

Some of these exceptions are 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 exceptions. We recognise that there is some public interest in release for interest in an open and transparent government. However, this is outweighed as topics were discussed at preliminary states of consideration when private space to discuss is essential. Finalised versions of these documents have been published.

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 202500458610 - Information released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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