Communications on Public Opposition regarding Flamingo Land development: EIR Review

Information requested

Original request 202500467103

Please provide all internal communications, briefing notes, risk assessments, and media strategy documents generated or circulated within the Scottish Government, Scottish Enterprise, or DPEA which reference or respond to public opposition, petitions, or media campaigns concerning the Flamingo Land development at Loch Lomond.

The time period for this request is 1st January 2021 to present. This includes WhatsApp messages, emails, Teams chats, and handwritten notes held in official records.

Response

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

I have concluded that the original decision should be confirmed, with modifications.

As part of my review I revisited the original searches and deemed these not to be broad enough to cover the scope you have requested. Therefore, as a result I expanded these searches to cover additional teams in The Scottish Government.

In response to your specific questions these searches include DPEA, and the Scottish Enterprise Sponsorship team. As Scottish Enterprise are a different organisation I am unable to conduct searches there, however, you may wish to contact them directly at FOI@scotent.co.uk

I enclose a copy of most of the information you requested.

Some of the information you have requested is available from The Scottish Parliament Website Meeting of the Parliament: 22/06/2022 | Scottish Parliament Website. Additionally you might find it helpful to review the list of Parliamentary Questions, and the answers provided by The Scottish Government here Questions and answers | Scottish Parliament Website.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data 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.

A further exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information requested. I am withholding, in part, “Known FMQ - Lomond Banks Balloch planning application” and “Topical Question – Lomond Banks” as it comprises internal advice prepared to support Ministerial responses. 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 because planning applications are generally of interest to member of the public, in addition there is a significant level of interest in the Lomond Banks application. However, this is outweighed by the public interest in applying the exception as disclosure would undermine the space for free and frank discussion between officials and Ministers, which is essential for effective government.

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 202500478520 - Information released - Annex

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