Scottish Government response from First Minister to Ineos chief executive: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
Please can the Scottish Government provide the response received by Inoes to the letter sent by first minister John Swinney to Ineos chief executive, Jim Ratcliffe, on 6 February 2025. Details of that letter are in this FOI release. Please also provide details of any follow up meetings or correspondence that happened on the back of the letter. This should include emails and other communications, and minutes of any meetings that took place.
I'd like this information as electronic copies sent to the above email address.”
Response
As the information you requested is ‘environmental’ information, we are required to deal with your request under the Environmental Information (Scotland) Regulations 2004 (EIRs). 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.
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 exceptions under regulations 10(4)(a) (information not held); 10(4)(e) (internal communications) 11(2) (third party personal data) and 10(5)(e) (substantial prejudice to confidentiality of commercial or industrial information) of EIRs apply to some of the information enclosed in the information I am releasing as part of this request. The reasons why these exceptions apply are explained below.
“Please can the Scottish Government provide the response received by Inoes to the letter sent by first minister John Swinney to Ineos chief executive, Jim Ratcliffe, on 6 February 2025. Details of that letter are in this FOI release.”
An exception applies
We are unable to provide the information you have requested because an exception under regulation 10(4)(a) (Information not held) of the EIRs applies to that information. The reason why that exception applies is that we do not hold the response received by Ineos to the letter sent by FM to Sir Jim Ratcliffe on 6 February 2025.
“Please also provide details of any follow up meetings or correspondence that happened on the back of the letter. This should include emails and other communications, and minutes of any meetings that took place.”
A search was conducted to ascertain follow up meetings or correspondence that happened following the 6 February letter. Ministerial private office was contacted, and Scottish Government electronic systems were searched. Documents within the scope of your request are attached at Annex A.
Some of the information in Annex A includes personal data of a third party and is therefore subject to exception under regulation 11(2). Exceptions under regulation 10(5)(e) (Confidentiality of commercial or industrial information, provided for by law to protect economic interest) and 10(4)(e) (internal communications) have also been applied to documents included in Annex A. The reasons why these exceptions apply are explained below.
Exceptions Applied
Regulation 10(4)(a) - information not held
An exception under regulation 10(4)(a) applies to part of the information requested. The reason why that exception applies is that we do not hold the response received by Ineos to the letter sent by FM to Sir Jim Ratcliffe on 6 February 2025.
Regulation 11(2) - personal data relating to third party
An exception under regulation 11(2) applies to some of the information requested as it is personal data of a third party, i.e., names and contact details of individuals. The application of Regulation 11(2) is subject to the ‘public interest test’ in some specific circumstances, however the Scottish Government does not disclose the names of individuals who are below Senior Civil Service level or equivalent in the instance of private sector individuals. This exception has been applied where necessary throughout the response. It is in the public interest to protect the personal information of junior civil servants and equivalent private sector actors and that is why the exception has been used.
Regulation 10(4)(e) – internal communications
An exception under regulation 10(4)(e) applies to some of the information requested. The reason why this exception applies is that we believe the disclosure of this information would impede officials to be able to provide free and frank advice to Ministers. This exception is subject to the ‘public interest test’. Therefore, taking into 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.
Regulation 10(5)(e) - Confidentiality of commercial or industrial information, provided for by law to protect economic interest)
An exception under regulation 10(5)(e) applies to some of the information you have requested. This exception applies because disclosure would, or would be likely to, substantially prejudice the confidentiality of commercial or industrial information. This exception is subject to the public interest test. The conclusion of which has determined that the public interest in withholding such information outweighs the public interest in disclosing commercially sensitive information that was shared in confidence between the Scottish Government and Petroineos Manufacturing Scotland Limited.
About FOI
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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