Scottish Enterprise funding and Moray FLOW-Park project documentation: EIR release

Information requested

 “1. Please provide any correspondence, briefing papers or internal notes held by the Scottish Government (including any directorates with responsibility for energy, enterprise, marine licensing or Crown Estate Scotland sponsorship) which relate to:

• Offshore Solutions Group Ltd,
• Flow Park Investment Ltd, or
• the Moray FLOW-Park project.

2. Please provide any documents which refer to Scottish Enterprise funding, proposed funding, or discussions of potential funding to Offshore Solutions Group Ltd or Flow Park Investment Ltd.
Time period: 1 January 2023 to the present.”

Response

I enclose some of the information 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 the exceptions below apply to that information.

Regulation 10(5)(e) - Confidentiality of commercial or industrial information

An exception under regulation 10(5)(e) applies to some of the information you have requested. Regulation 10(5)(e) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows authorities to withhold information where disclosure would, or would be likely to, prejudice substantially the confidentiality of commercial or industrial information where such confidentiality is provided for by law to protect a legitimate economic interest.

​​​​​​​The exception under Regulation 10(5)(e) is subject to the public interest test. We have carefully considered whether the public interest in disclosing the information outweighs the public interest in applying the exception. After weighing all the circumstances, we have concluded that, on balance, the public interest favours upholding the exception. While we acknowledge the public interest in transparency, particularly regarding matters that could affect environmental or public policy decisions, this is outweighed by the public interest in protecting commercially sensitive information. Disclosure of the information could harm legitimate economic interests, weaken the competitive position of the involved parties, and result in financial loss or reputational damage.

​​​​​​​Regulation 11(2) personal data of a third party

​​​​​​​Furthermore, an exception under regulation 11(2) of the EIRs applies to some of the information you have requested. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information 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 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.

​​​​​​​Regulation 10(4)(e) - Internal Communications

​​​​​​​Additionally, an exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested. This exception allows a Scottish public authority to withhold internal communications. The reason for applying this exemption is to protect information that is in draft format. This exception is subject to the public interest test. We have carefully considered whether the public interest in disclosing the information outweighs the public interest in applying the exception. After weighing all the circumstances, we have concluded that, on balance, the public interest favours upholding the exception. While we acknowledge the public interest in transparency, particularly regarding matters that could affect environmental or public policy decisions. However, this is outweighed by the public interest in ensuring that the final version of advice is released to avoid misleading the public.

​​​​​​​Regulation 10(4)(d) - Material in the course of completion

​​​​​​​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 under regulation 10(4)(d) (Material in the course of completion, unfinished documents, or incomplete data) of the EIRs applies to that information. This applies to some of the documents attached to emails provided, as the documents are in the course of completion.

​​​​​​​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 Offshore Solutions Group Ltd (OSG), Flow Park Investment Ltd (FPI), and the “Moray FLOW-Park” proposals.

However, this is outweighed by the public interest in ensuring accurate information is provided publicly.

Regulation 6(1)(b) – Information is already publicly available 

Some of the information you have requested is available, details of where that specific information can be obtained, can be accessed via the links included in the attached documents. 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.  ​​​​​​​

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 202500495040 - Information Released - Annex

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