Environmental Standards Scotland (ESS) investigation: EIR Review

Information requested

Original request 202500456507

My FOI request relates to an investigation carried out by Environmental Standards Scotland (‘ESS’) (ESS reference IESS.24.015). According to Regulation 23 of the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 all EIA screening opinions issued or adopted by Scottish Foresty must be made available for inspection on a website (or by other electronic means). The investigation concerned the fact that Scottish Forestry does not comply with this requirement. The representation alleged that this is unlawful.

ESS accepted the representation into its pre-investigative stage, and, in accordance with ESS’ procedure, this entails correspondence between ESS and Scottish Forestry.

I would be grateful if you could send me all the information you hold relating to ESS’ investigation, including but not limited to:

• Copies of all correspondence between Scottish Forestry and ESS in respect of the investigation.
• Copies of all notes from meetings between Scottish Forestry and ESS in respect of the investigation.
• Copies of all notes of telephone calls between Scottish Forestry and ESS in respect of investigation.

Response

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

In relation to an investigation carried out by Environmental Standards Scotland (‘ESS’) (ESS reference IESS.24.015) –

• Copies of all correspondence between Scottish Forestry and ESS in respect of the investigation.
• Copies of all notes from meetings between Scottish Forestry and ESS in respect of the investigation.
• Copies of all notes of telephone calls between Scottish Forestry and ESS in respect of investigation.

You asked for a review on the basis that you believed that the initial response may have been incomplete, specifically because there was no information provided between the dates of 15 July and 5 December 2024.

I have reviewed our original response and concluded that the original decision should be modified.

The reason for the modification is that whilst the majority of the relevant information was released to you, an acknowledgement email from ESS to Scottish Forestry was received by SF on the 15 July and this falls within the timescales you sought. As such we are providing a copy of that document to you.

ESS made further contact with Scottish Forestry in December once they concluded that stage of their investigation.

Regulation 11(2) of the EIRs (personal data relating to a third party) applies to some of the information in the attached document and this information has been redacted. The exception applies to some of the information requested (i.e. names and contact details of individuals) 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.

However, notwithstanding the above document, I can confirm that we hold no other correspondence within the timescale you have sought.

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 202500461849 - Information released - Document

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