Details of Equinor New Energy Ltd's proposal: EIR Review

Information requested

Original request 202500465201

Details of Equinor New Energy Ltd's proposal to install a Sandwich Tern compensation habitat on the West Coast of Loch Ryan near Kirkcolm, Dumfries and Galloway.

I am seeking the following information with regard to this project:

• All information Marine Scotland holds relating to the project dating from May 2024 until May 2025, including emails, communications, meeting minutes and notes, to and from Marine Scotland regarding this project, including all minutes of Sandwich Tern compensation Steering Group meetings

I am looking specifically for information such as emails, meeting minutes and discussions on the Loch Ryan compensation project for Sandwich Terns. As much information as possible would be greatly appreciated.

Response

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

You asked, in relation to “Marine Scotland Directorate's involvement with the project by Equinor New Energy ltd to develop a Sandwich Tern habitat at Kirkcolm, Loch Ryan” to “review the data available please, as I think there may have been some missed out. I am specifically looking to see if you have any meeting minutes for the Loch Ryan Sandwich tern Steering Group, the group was set up around autumn last year and has met at least 3 times so far. As a core steering group member, Marine Directorate should have received copies of minutes from Equinor once they are written.”

I have concluded that the original decision should be confirmed with modification as all documents found during the original searches conducted for your request were released to you (except where there were duplicates). However, I have also conducted additional searches as part of my review, and I have located one further document, an email, which I have enclosed with this letter.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information contained in the document 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.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under regulation 10(4)(d) (material in the course of completion), of the EIRs applies to that information. Attached to the email released is a further document which is in draft form. A final version of the document can be found on the Planning Inspectorate’s website at: EN010109-001972-5.5.2.1 Annex 2A Outline Sandwich Tern Compensation, Implementation and Monitoring Plan (Revision B) (Clean).pdf.

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 some public interest in release as part of an open, transparent and accountable government. However, this is outweighed by the public interest as a finalised version is publicly available which has been subject to several changes and so the draft version might give the public a misleading impression of the Government’s view or position on the matter to which the information relates.

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.

As explained in my previous letter, your request for any information that may have been received after you sent your original request is being treated as a new EIR request and you will receive a separate response to it accordingly.

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 202500475626 - Information released - Document

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