Glenmuckloch to Glenglass Reinforcement Project communications: EIR Review

Information requested

Original request 202500449632

Copies of all electronic and hand written notes, memos, discussions, drafts, correspondence, emails and material received and issued by the Scottish Ministers, Scottish Power Transmission, or by any agent or representative on its behalf, and to any third party relating to the following listed below in the processing of the s37 Consent to Scottish Power Transmission to enable the Glenmuckloch to Glenglass Reinforcement Project within the last 18 months: including internal emails, non- privileged advice and file notes relating to the same, together with all information prepared in relation to any such issue of the decision. This should include copies of all advices to the Scottish Ministers, issued by its agents, the Scottish Ministers, Scottish Power Transmission responses and any records of any meetings relating to or forming part of that decision making process, including internal and external meetings and telephone discussions… in respect of the following information in particular:

1. Processing by the Scottish Ministers of the Objection letter dated 14 March 2024 by DWF, sent by email to ‘Econsents Admin’ being the address: Econsents_Admin@gov.scot, and

2. The same day acknowledgment which stated - 14 March 2024 - an acknowledgement email from Representations_Mailbox@gov.scot with the subject line “Automated Response” which stated “Thank you for your representation. This message is to acknowledge its receipt and confirm that it will be given full consideration in the determination of the application”

3. All “consideration in the determination of the application” by the Scottish Ministers, as stated above, in relation to the email correspondence.

4. All of the above in point 2 as pertains to the correspondence between Shafharia Khataza, Senior Case Officer at the Energy Consents Unit and Ciar Donnelly at DWF from April and as above for the past 12 months.

5. Consideration and assessment of the objections uploaded to the Scottish Ministers website February 2024 on the 6th, 9th and 20th of this month.

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 electronic and hand written notes, memos, discussions, drafts, correspondence, emails and material received and issued by the Scottish Ministers, Scottish Power Transmission, or by any agent or representative on its behalf, and to any third party relating to the following listed below in the processing of the s37 Consent to Scottish Power Transmission to enable the Glenmuckloch to Glenglass Reinforcement Project within the last 18 months: including internal emails, non- privileged advice and file notes relating to the same, together with all information prepared in relation to any such issue of the decision. This should include copies of all advices to the Scottish Ministers, issued by its agents, the Scottish Ministers, Scottish Power Transmission responses and any records of any meetings relating to or forming part of that decision making process, including internal and external meetings and telephone discussions… in respect of the following information in particular:

1. Processing by the Scottish Ministers of the Objection letter dated 14 March 2024 by DWF, sent by email to ‘Econsents Admin’ being the address: Econsents_Admin@gov.scot, and

2. The same day acknowledgment which stated - 14 March 2024 - an acknowledgement email from Representations_Mailbox@gov.scot with the subject line “Automated Response” which stated “Thank you for your representation. This message is to acknowledge its receipt and confirm that it will be given full consideration in the determination of the application”

3. All “consideration in the determination of the application” by the Scottish Ministers, as stated above, in relation to the email correspondence.

4. All of the above in point 2 as pertains to the correspondence between Shafharia Khataza, Senior Case Officer at the Energy Consents Unit and Ciar Donnelly at DWF from April and as above for the past 12 months.

5. Consideration and assessment of the objections uploaded to the Scottish Ministers website February 2024 on the 6th, 9th and 20th of this month.

You subsequently submitted a request to review the response stating:

"We note that the reason for the refusal is that the information is considered to include personal information and internal communications.

In respect of personal information, the decision concerns a planning decision made by the Scottish Ministers. It is a delegation for the Scottish Minister alone and not for a third party. We are unable to ascertain the ‘third party’ information, therefore look forward to a review and release of the information requested.

In respect of the exemption on internal communications simply because an internal communication exists, does not mean that such communication is automatically exempt. It is considered that the exemption has not been correctly applied and the detail in the refusal is insufficient. In order for the exemption to be applied there must also be prejudice to the effective conduct of government affairs and we are at a loss to how a decision on a planning permission comes within these criteria.

Additionally the exemption to withhold information requested pursuant to FOI/ EIR, under the ‘Public Interest test’ is not sufficiently explained in the attached and it is considered not to be applicable, as the information requested is proportionate, transparent, and in the public interest, and consequently the Information as requested should be forthcoming."

As with my previous acknowledgment letter, I would like to apologise for the lateness of the response.

I have been asked to re-examine your request, to decide whether the original response should be confirmed, with or without modifications, as appropriate, or a fresh decision should be substituted. I can confirm that I was not involved in the handling or decision-making around the original response. I have considered this case again, and have conducted a comprehensive review of the response, and the reasons behind withholding the requested information.

I have concluded that the original decision should be confirmed, with modification.

Our response to you advised that we are unable to provide some of the information you requested because:

• An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information.
• An exception under regulation 10(4)(e) of the EIRs (internal communication) applies to some of the information.

An exception at 11(2) has been applied 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. The exception has therefore been applied to individuals personal information i.e. names, mobile phone numbers, signatures etc.

I have reviewed the documentation and found that whilst there is some information to which the exception under regulation 11(2) does apply, there are some inconsistencies in the application of the exemption in the previously released documents. The modification to the original decision is that where my review has concluded that information should be released, this information is now included in Annex A.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege – these documents have been withheld in their entirety accordingly. 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.

We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation. I am therefore content that this exemption has been correctly applied am no further modifications are required in this instance.

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 202500466627 - Information released - Annex A

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