Potential Caesium-137 contamination of peatlands in the Highlands and Islands: EIR release

Information requested

1. You questioned why key risks—such as public health, air quality, electromagnetic fields, RFI, and major accidents—are routinely excluded from Environmental Impact Assessments, despite their relevance to rural communities reliant on mobile technology. You also mentioned that these topics appeared during initial scoping, suggesting their relevance, yet they are later omitted without clear justification.

2. Please forward all evidence of SEPA’s below surface peat testing for Caesium-137 that proves beyond doubt that there is no ‘realistic’ risk to human health.

3. With reference to case 202500471838, you argued that Scottish Ministers are already aware of scoped topics for proposed OHLs, and question why key concerns like Cs-137 contamination have been excluded from consideration.

4. You questioned how it is possible to determine an application without all relevant information as decision whether to grant consent is taken only after careful consideration of environmental information.

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 shall address each of your points in turn:

1. Schedule 4 of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 sets out what should be included within an EIA. As part of the Scoping process, we consult with organisations including, but not limited to Nature Scot, Scottish Environment Protection Agency (SEPA), Historic Environment Scotland (HES) and the relevant Planning Authority. Drawing on specialised knowledge across their respective disciplines, these organisations play a key advisory role in assessing the appropriateness of areas identified for inclusion or exclusion from the Environmental Impact Assessment (EIA). Their evaluations are informed by technical insight, regulatory frameworks, and fieldspecific experience, ensuring that recommendations are not only evidence-based but also aligned with broader environmental and public interest objectives. Their input plays a key role in maintaining the integrity and transparency of the EIA, reinforcing that any exclusions or inclusions are justifiable and do not undermine the overall assessment of environmental risks. The procedure for a scoping opinion by Scottish Ministers can be found in part 4 of The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017. It is important to note that EIAs are tailored in accordance with the development they are addressing and as such, not every topic will be appropriate for inclusion. The robust scoping process ensures that only the pertinent topics are included as proposals are treated on a case-by-case basis. Regarding Electromagnetic Fields (EMF) exposure, high voltage overhead lines must be designed in compliance with International Commission on Non-Ionizing Radiation Protection Guidelines (ICNIRP) - ICNIRPrfgdl2020.pdf and the UK Government’s Code of Practice DECC report which implements the policy to comply with the ICNIRP guidelines. SSEN’s approach to design also takes into account their statutory requirements in relation to the minimum height of overhead lines and ground clearance, and the position, insulation, and protection of OHLs to ensure compliance with The Electricity Safety, Quality and Continuity Regulations 2002

2. Please see link to a report on SEPA’s website regarding disturbance to peatland areas and contamination from Chernobyl: https://www.sepa.org.uk/media/rwnfvp5s/radioactivity-wind-farmdevelopments-peatlands.pdf

3. Caesium-137 does not feature and was not part of the scoping process because SEPA who is one of our statutory consultees have advised us that they do not regard the radioactive contamination contained within Scottish peatlands arising from Chernobyl to pose a realistic risk to human health. For further information regarding Caesium -137, please contact SEPA.

4. Before reaching a determination on any Electricity Act application, the Scottish Ministers must be satisfied they have sufficient relevant information to assess the likely impacts of the proposed development. This will include the developers EIA, representations from statutory and non-statutory consultees, representations from members of the public and from Community Councils. The Scottish Government has published good practice guidance on the procedure for applications for onshore generating stations and overhead lines under Sections 36 and 37 of the Electricity Act 1989, which includes further information on the application process, on public consultations and on how to make representations. The good practice guidance is available here Electricity Act 1989 - sections 36 and 37: applications guidance - gov.scot

While our aim is to provide information whenever possible, under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

An exception 6(1)(b) of the EIRs (information already available) 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, as the information is already publicly 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.