Return on capital and renewables: EIR Review

Information requested

Original request 202500463435

Copies of all internal Scottish Government email correspondence (including Ministers, Civil Servants, Special Advisers, and Press Officers) discussing the drafting of two items of correspondence: reference numbers 202500452014 and 202500458908.

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 internal Scottish Government email correspondence (including Ministers, Civil Servants, Special Advisers, and Press Officers) discussing the drafting of two items of correspondence: reference numbers 202500452014 and 202500458908.”

The initial request (reference 202500463435) was answered under FoI(S)A, however as the request is for environmental information it should have been handled under the Environmental Information (Scotland) Regulations 2004 (the EIRs). I apologise that your request was not correctly identified as being for environmental information.

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.

You requested a review on the basis that the exemptions justifying the redactions under section 30 of FOISA have been misapplied.

I have concluded that a different decision should be substituted.

I have now reviewed the information withheld under sections 30(b)(i) and 30(b)(ii) of FOISA, considering that information under the EIRs. I have concluded that an exception at regulation 10(4)(e) (internal communications) applies to most of that information. However, I have concluded that some information should be disclosed and a copy of that information is enclosed.

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 communication between Scottish Government officials about a response to correspondence.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views on how to respond to correspondence. It is clearly in the public interest that Scottish Ministers can properly respond to correspondence. Full and candid exchanges on drafting responses are necessary to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

The application of exemption section 38(1)(b), whilst you did not express dissatisfaction regarding its application, has been revisited as part of the review process due to the change in regime under which your request should have been handled. For completeness I am withholding the information withheld under 38(1)(a) and 38(1)(b) of FOISA under the exceptions at 11(1) (your own personal information) and 11(2) of the EIRs. The only information withheld under 11(1) is your name. Regulation 11(2) provides that where the information requested includes personal data about a person other than the applicant and disclosure would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998, the public authority shall not make that personal data available

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 202500470326 - Information released - Annex

File type

PDF

File size

4.0 MB