Licence conditions (clause 26) in the wild wrasse derogation 2025 documentation: EIR Review

Information requested

Original request 202500469111

All documents, external and internal emails, and minutes for meetings with list of attendees, relating to the addition of clause 26 in the licence conditions for the above derogation between the 1st of April 2025 and the 4th June 2025.

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for:

All documents, external and internal emails, and minutes for meetings with list of attendees, relating to the addition of clause 26 in the licence conditions for the above derogation between the 1st of April 2025 and the 4th June 2025.

The original EIR case reference number was 202500469111.

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

I first want to clarify that I found that there was no information accidentally omitted from the search covered in our original response. I am satisfied (according to the information provided to me) that all communications within scope of this request were considered in the original case response.

I am satisfied that the response provided to you was the correct one for all but one of these communications. The majority of communications found during the relevant searches consisted of internal discussions on early drafts of proposed legislation, or requests for legal advice (and subsequent legal responses), or both.

EIR regulation 10(4)(e) states internal communications (which are defined as: internal email exchanges; file notes prepared for internal use; notes of meetings; documents which have been circulated internally) may be withheld. Two types of information have been withheld under this exception – general policy and decision-making, and information subject to legal professional privilege (legal advice).

I have reviewed the information withheld under this exception and I am upholding the application of 10(4)(e) as I am satisfied that all the information withheld under this exception is internal communications.

I have also reconsidered the public interest test and am satisfied that the public interest test in relation to both types of information lies in upholding the application of the exception for the reasons set out in the original response.

I have identified one email that contains only information in the public domain which should be released as requested. A copy is attached.

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 202500474806 - Information released - Annex

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