Briefing on energy market considerations: EIR Review

Information requested

Original request 202500465530

202500461036

The above referenced FOI response provided an item with the title: "Minister for Independence: Discussion on Net Zero interests 07.06.23 – file note"

That item includes the following remark:

"Ms McAllan to be offered a separate briefing on energy market considerations"

Please provide the following information:

(1.) Did Ms McAllan take up the offer of the separate briefing on energy market considerations?

(2.) If the briefing did occur, please provide all briefing materials prepared for Ms McAllan, along with any notes/minutes recording what was discussed at any briefing meeting, and a full list of who attended the meeting.

(3.) If no such briefing occurred, please provide any draft briefing materials prepared in relation to the offer of the briefing.

Response

I have now completed the review of our response to your request.

I have concluded that a new decision should be substituted.

The initial request 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), weare 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 have concluded that the information withheld under FoI(S)A in terms of sections 29(1)(a), 30(b)(i) and 30(b)(ii) should be maintained in the most part. This is because an exception under regulation 10(4)(e) of the EIRs (internal communications) applies to most of this information. The 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. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with each other. This private space is essential so that good policy decisions can be taken based on fully informed advice and evidence.

We have also identified some information which was previously withheld but which is now being disclosed. This is either because the information is already in the public domain, or because, upon reconsideration, we find that the public interest in disclosure outweighs the interest in maintaining the exception. This additional information is enclosed with this response.

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 upholding the application of the exemption under the regulation of 11(2). 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.

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 202500470346 - Information released - Documents

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