NatureScot memo in scoping opinion: EIR release

Information requested

1. When did Marine Scotland first receive or become aware of this memo?

2. Was the content of this memo considered or reviewed prior to the issuing of the Scoping Opinion on 11 April 2024?

3. If the memo was not incorporated into the Scoping Opinion, please clarify:

• The reason for its omission;
• Whether it was passed on to the developer or consultants;
• Whether any internal discussion took place about the need for a Scoping Addendum to address the concerns raised.

4. Please confirm whether any regulatory or procedural guidance was followed (or bypassed) in this case relating to late submissions or post-deadline material from statutory consultees.”

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.

Response

1. Marine Directorate became aware of the memo when it was raised under an information request ref. 202500472279 received 22 June 2025.

2. While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under regulation 10(4)(a) (information not held) of the EIRs applies. Under the terms of this exception, the Scottish Government is not required to provide information which it does not have.

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. While we recognise that there may be some public interest in the memo, clearly we cannot provide information which we do not hold.

3. While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under regulation 10(4)(a) (information not held) of the EIRs applies. Under the terms of this exception, the Scottish Government is not required to provide information which it does not have.

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. While we recognise that there may be some public interest in the memo, clearly we cannot provide information which we do not hold.

4. The scoping process was undertaken in line with the relevant regulations.

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.