Correspondence from selected MSP's relating to the Deposit Return Scheme: EIR release

Information requested

Please provide the number of items of correspondence (including letters andemails) received by the Minister for Green Skills, Circular Economy, andBiodiversity from the following MSPs:

• Fergus Ewing
• Kate Forbes
• Ash Regan

concerning the Deposit Return Scheme between 13 May 2021 and 30 April2024.

Where possible, I would be grateful for all copies of this correspondence, redacted as appropriate.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I have included copies of some of the information you have requested in Annex B.

On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

While our aim is to provide information whenever possible, in this instance, we do not hold some of the specific information you have requested. This is because the Ministerial position of Minister for Green Skills, Circular Economy and Biodiversity existed only between 25 August 2021 and 25 April 2024. Accordingly, the Scottish Government does not hold any information falling within the scope of your request outside these dates.

Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

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 202500490831 - Information released - Annex A & Annex B

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