West of Orkney wind farm application conflict of interest information: EIR Review

Information requested

Original request 202500494871

All recorded information related to Gillian Martin's conflict of interest in relation to the section 36 application for the West of Orkney wind farm. The conflict of interest is mentioned, but not clarified, in the attached ministerial submission relating to the application.

Recorded information should include, but not be limited to:
- Emails, internal messages (including on messaging sites), letters, briefing notes or memos that discuss the conflict of interest, the reason it was viewed as a conflict of interest, who made the assessment, and decisions about Ms Martin's recusal.
- Any formal or informal conflict-of-interest assessments, declarations, internal advice, or notes explaining why Ms Martin could not make a decision on the application.
- Any correspondence or notes relating to passing the decision to the Deputy First Minister.
- Any documents referring to urgency, deadlines, or timing of the approval in relation to the recusal.
- Any recorded information discussing whether the same conflict would affect Ms Martin's involvement in other offshore wind, marine, or energy decisions.

Response

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

All recorded information related to Gillian Martin's conflict of interest in relation to the section 36 application for the West of Orkney wind farm. The conflict of interest is mentioned, but not clarified, in the attached ministerial submission relating to the application.

Recorded information should include, but not be limited to:
- Emails, internal messages (including on messaging sites), letters, briefing notes or memos that discuss the conflict of interest, the reason it was viewed as a conflict of interest, who made the assessment, and decisions about Ms Martin's recusal.
- Any formal or informal conflict-of-interest assessments, declarations, internal advice, or notes explaining why Ms Martin could not make a decision on the application.
- Any correspondence or notes relating to passing the decision to the Deputy First Minister.
- Any documents referring to urgency, deadlines, or timing of the approval in relation to the recusal.
- Any recorded information discussing whether the same conflict would affect Ms Martin's involvement in other offshore wind, marine, or energy decisions.

I have concluded a different decision should be substituted.

I have reviewed all the information considered within scope of the original request, and have identified information which can now be released which answers the specific questions raised in your review request, namely:

• what the conflict of interest was
• who identified it
• and on what basis the decision to recuse was taken

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 Scottish Government Ministers and officials on the process of recusing Ms Martin from the decision on the application for the West of Orkney wind farm.

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 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 the recusing process will be disclosed in the near future, when it may undermine or constrain the Government’s view on that process while it is still under discussion and development.

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.

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 202500498235 - Information released - Correspondence

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