Energy and Climate Change Directorate communications on energy, oil and gas taxation and climate policy: EIR Review

Information requested

Original request 202500458432

Copies of all communications from 1 May to 1 September 2024 between officials in the Energy and Climate Change Directorate and senior executives or officials at the following organisations relating to Scottish and/or UK policy on energy, oil and gas taxation and climate policy.

• Aberdeen and Grampian Chamber of Commerce (AGCC)
• Offshore Energies UK (OEUK)
• Shell
• Equinor
• Ithaca Energy

Response

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

Copies of all communications from 1 May to 1 September 2024 between officials in the Energy and Climate Change Directorate and senior executives or officials at the following organisations relating to Scottish and/or UK policy on energy, oil and gas taxation and climate policy.

• Aberdeen and Grampian Chamber of Commerce (AGCC)
• Offshore Energies UK (OEUK)
• Shell
• Equinor
• Ithaca Energy

I have concluded that the original decision should be confirmed, with modifications, to release some documents with redactions.

Review Comments - Documents Where the Original Decision is Upheld

Material Withheld Under Regulation 10(5)(f) of the Environmental Information (Scotland) Regulations 2004

We have re-examined the documents, the exceptions applied, and how the public interest test applies, and have found that it should still be upheld for some of the information you requested. An exception under regulation 10(5)(f) of the EIRs applies to some the information you have requested, under this exception we are not required to disclose information that would, or would be likely to, cause substantial prejudice to third party interests.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of upholding the exception.

In your request for a review, you also asked to that we provide an outline of the how the public interest test has been applied. While we recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate, this is outweighed by the public interest in high quality policy formulation and decision making, which often relies on sensitive information being provided by stakeholders. The release of this information could reduce the willingness of external stakeholders to share information with us in future. In addition, the information concerned relates to ongoing projects at the organisations concerned, releasing this information could substantially prejudice both those projects, and any projects carried out in future.

Review Comments - Documents Where the Original Decision is Revised

I have reconsidered all of the documents, what can be released, and the exceptions that apply. There is one document, which has already been released with redactions, where a small amount of additional information can be released. The document is attached at annex A.

Definition of Substantial Prejudice

In your request for a review, you also asked that we provide the Scottish Government's legal definition of "substantial prejudice". While the Scottish Government does not have a definitive legal definition of "substantial prejudice", we follow the guidance provided by the Scottish Information Commissioner when making decisions. A copy of this guidance can be found using the following link: EIRsGuidanceRegulation105fThirdpartyinterests.pdf

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 202500461908 - Information released - Annex A

File type

PDF

File size

9.1 kB