Assynt and Coigach Protection Order Area queries: EIR release

Information requested

1. Is there a Liaison Committee for the Assynt and Coigach Protection Area?

2. If so, who are its members and how are they appointed; when did they last meet?

3. Please provide us with a copy of each of it 5 most recent reports.

4. Inform us if any Water Wardens have been appointed for the Assynt Coigach area, if so who and when was their appointment first made and last reviewed.

Response

Response to queries 1 & 2

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because in regards to the first and second points of your request, the Scottish Government is not aware of a Liaison Committee that currently exists for the Assynt and Coigach Protection Area, and subsequently has no information regarding potential members, how these members would be appointed, or meetings held.

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. While we recognise that there may be some public interest in information about any Liaison Committee for the Assynt and Coigach Protection Area, clearly we cannot provide information which we do not hold.

Response to query 3

Although the Scottish Government is currently not aware of a Liaison Committee that exists for the Assynt and Coigach Protection Area, we previously have been in the past. They last provided the Scottish Government with a copy of their annual report in 2010.

I enclose a copy of most of the information you requested. Please find enclosed 5 redacted PDF documents of the latest 5 reports we hold. These are the Assynt-Coigach Protection Order Annual Reports 2006 – 2010.

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

Response to query 4

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because there are currently no Water Wardens appointed by the Scottish Government within the Assynt Coigach Protection Area.

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 info mation outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about any Water Wardens that have been appointed for the Assynt Coigach area, clearly we cannot provide information which we do not hold.

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 202500464199 - Information released - Documents

File type

PDF

File size

3.5 MB