Consultation on fisheries management for inshore Marine Protected Area (MPA) and Priority Marine Feature (PMF): EIR release

Information requested

‘I’m disappointed to to hear that the consultation on fisheries management for inshore MPAs and sensitive "Priority Marine Features" (PMFs) has been delayed. Originally proposed to run from November 2025 to March 2026, recent reports indicate potential delays to some measures until after the 2026 Scottish Parliament elections.

Is this accurate? If I’ve misunderstood then please accept my apologies otherwise I’d be interested to hear your opinions on why this is justified and also to be sent the information fed into this decision making process.’

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.

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 most of the information you have requested because exceptions under regulations 11(2) (Personal data of a third party) and 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why these exceptions apply are explained in the Annex to this letter.

Completing the required assessment for over 160 sites, many of which overlap, is a complex and challenging process. Despite our best efforts, we were unable to finalise all statutory assessments in time to launching the consultation before the election, due to delivery delays by one of our consultants. It is vital these statutory assessments are robust and everyone has confidence in them.

The consultation for inshore MPAs and the 11 Priority Marine Features most vulnerable to bottomcontact gear, will now launch as soon as possible after the Scottish Parliamentary Election in 2026.The answer to your question is provided below.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Exceptions applied

Regulation 10(4)(e) – internal communications in relation to internal legal advice

An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested because it is internal legal advice and disclosure would breach legal professional privilege.

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 disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Regulation 11(2) – applicant has asked for personal data of a third party

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 202500499717 - Information Released - Documents

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