Scottish Government and True North meeting regarding Zonal Pricing: EIR release

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


Information requested

For the period 1st January 2023 - date, please provide:

(1.) All correspondence including the phrase “zonal pricing” between representatives of True North and the Scottish Government.

(2.) All documentation including the phrase “zonal pricing” relating to meetings (in person or virtual) between True North and the Scottish Government.

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 of your request.

I enclose a copy of some of the information you requested.

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 exception under regulations 11(2) - personal data relating to a third party, of the EIRs applies to that information. The reasons why that exception applies is explained in the Annex to this letter.

Annex
An exception applies

An exception under regulation 11(2) - personal data relating to a third party of the EIRs applies to some of the information you have requested. This exception has been applied to protect personal data. 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. We recognise that there is some public interest in the disclosure of personal data as part of open, transparent and accountable government. However, the Scottish Government does not disclose the names of individuals who are below Senior Civil Service level or equivalent to below this level in the instance of private sector individuals. This approach has been taken in the respect of the names of individuals in the briefing being disclosed as part of this request. 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.

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 202500466595 - 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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