Scotland’s Fisheries Management Strategy 2020-2030 Delivery plan update 2025: EIR review

Information requested

Original request – 202500479518

You asked for “All memos, emails, reports (internal or external) and other such information which formed a part of the evidence-base and rationale for the decision by Marine Directorate published on page 6 of Scotland’s Fisheries Management Strategy 2020-2030 Delivery plan update 2025 viz splitting FMAC into two groups: industry and eNGO”.

Response

Further to my letter of Friday 26 September 2025, I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for:

“All memo, emails, reports (internal or external) and other such information which formed a part of the evidencebase and rationale for the decision by Marine Directorate published on page 6 of the Scotland’s Fisheries Management Strategy 2020-2030 Delivery Plan update 2025 viz splitting FMAC into two groups: industry and eNGO”.

I have concluded that the original decision should be confirmed with modifications. As a result of your Review request, I have also found more information that is in scope of your initial request which is now being partially released.

Three EIR exceptions were applied in terms of material withheld from your original request:

• Regulation 11(2) – Personal Data exceptions
• Regulation 10(4)(d) - Material in the course of completion, etc exceptions
• Regulation 10(4)(e) – Internal Communications exceptions

Having completed my Review, comments are provided below in relation to the original handling of each of these elements.

11(2) – Personal Data

This exception was in the main applied correctly during the course of the original case handling, to protect against the disclosure of personal data which 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. However, personal names of Senior Civil Servants and Special Advisers are generally not covered by the 11(2) and these should not have been withheld from the original release. I apologise that this aspect was handled incorrectly and withheld in error. The material effect of this modification would be to un-redact the names of Senior Civil Servants and Special Advisers within the materials released to you as part of your original request. Given you have not expressed dissatisfaction with this aspect of the original handling, I have not provided an updated schedule of original release documents with this aspect corrected. However, if you wish to receive this, I would be happy to undertake the work to provide it.

10(4)(d) - Material in the course of completion, etc

The original case decision as it relates to this exception is upheld, given the application of this exception related to a draft version of the Fisheries Management Strategy Delivery Plan Update which was then published on 20 March 2025: Scotland's fisheries management strategy 2020 to 2030: delivery plan update 2025 - gov.scot

10(4)(e) – Internal Communications

I have confirmed that the original case handling decisions should be confirmed in relation to the released materials. While I evidence-base and rationale for Scottish Government’s decision in relation to the FMAC group, this exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, I have agreed with the original case handling decision 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 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 would then be disclosed in the near future, when it may undermine or constrain the Government’s view on that issue while it is still under discussion and development.

Additional document for release

During the course of this Review, more information was found to be in scope of your original request and which should have been subject to partial release. This is included as an annex to this response.

Note that, in relation to the additional document for release, an exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between officials and Scottish Government Ministers. As already outlined above, this exception is subject to the ‘public interest test’.

Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of upholding the exception.

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 202500484110 - Information released - Annex

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