Offshore hydrogen production materials: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

Please provide the following information related to offshore hydrogen production:

1. Ministerial Briefings:

  • Copies of all ministerial briefings, reports, and presentations related to offshore hydrogen production from January 1, 2023, to the present date.​​​​​​

2. Economic and Technical Feasibility Assessments:

  • Copies of any economic and technical feasibility assessments conducted or commissioned by the Scottish Government on offshore hydrogen production within the same period.

3. Cost-Benefit Analysis:

  • Any cost-benefit analysis reports or documents related to offshore hydrogen production projects from January 1, 2023, to the present date.​​​​​​

4. Correspondence:

Copies of correspondence between the Scottish Government and the following entities regarding offshore hydrogen production:

  • Development agencies
  • Foreign governments
  • Energy companies
  • Academic institutions
  • Consultancies​​​​​​​

Response

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

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 exemption(s) under section(s) s.29(1)(a) (policy formulation), s.38(1)(b) (personal information) and s.33(1)(b) (commercial interests) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the annex to this letter.

Some of the information you requested has been previously released and can be accessed in the response to Environmental Information (Scotland) Regulations 2004 request for information on Projects that have received funding from the Just Transition Fund: EIR+202500471589+-+Information+released+-+Documents+14+-+24.pdf​​​​​​​

​​​​​​​Annex A - Reasons for not providing information

​​​​​​​An exemption(s) under section(s) s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested 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 exemption 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 exemption.

​​​​​​​An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on hydrogen policy.

​​​​​​​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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on hydrogen policy will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

​​​​​​​An exemption under section Section 33(1)(b) (commercial interests) of FOISA applies to some of the information you have requested. Due to the inclusion of sensitive information provided in commercial confidence to the Scottish Government by external companies.

​​​​​​​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. We recognise that there is some public interest in release because of the need to have an open and transparent government. However, this is outweighed by the public interest in the need for government to have spaces where topics can be discussed at preliminary stages of consideration.​​​​​​​

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.

FOI 202500479235 - Information Released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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