Correspondence sent from the Minister for Agriculture and Connectivity regarding the Fruit and Vegetables Aid Scheme: EIR release

Information requested

1. Any correspondence sent to fruit and vegetable producer groups by Jim Fairlie, with regards to the support they receive from the Scottish Government. Please limit that correspondence to anything sent within the last year.

2. Any correspondence sent from fruit and vegetable producer groups to Jim Fairlie, with regards to the support they receive from the Scottish Government. Please limit that correspondence to anything sent within the last year.

3. Any correspondence sent to a Cabinet Secretary or Minister specifically on the Scottish Government’s draft SSI - Common Organisation of the Markets in Agricultural Products (Fruit and Vegetables) (Miscellaneous Amendment (Scotland) Regulations 2026.

4. Any correspondence sent from Jim Fairlie specifically on the Scottish Government’s draft SSI - Common Organisation of the Markets in Agricultural Products (Fruit and Vegetables) (Miscellaneous Amendment) (Scotland) Regulations 2026.

Response

I enclose a copy of most of the information you requested.

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 the information you have requested in the attached document in Annex B.

On reviewing materials within scope of your request some exceptions have been applied in line with the EIRs. You can find information on the exceptions that have been applied to information in Annex A.

Annex A

The following exceptions have been applied:

An exception under regulation 11(2) (personal data) of the EIRs applies to all of the items 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. Therefore, all names, emails and phone numbers have been redacted. 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. 

Some of the information you have requested is publicly available. Under regulation 6(1)(b) (publicly available information) of the EIRs, we do not have to give you information which is already available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The publicly available information has been sourced for you below:

• Fruit and Vegetables Aid Scheme - draft SSI
• Fruit and Vegetables Aid scheme - SSI policy note
• Both the UNCRC statement and EUWA statement are provided within the policy note
• Fruit and Vegetables Aid Scheme – CRWIA
• Fruit and Vegetables Aid Scheme SSI – BRIA
• Fruit and Vegetables Aid Scheme - Consultation Analysis Report

An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested.

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. However, this is outweighed as the material discussed is at preliminary stages of consideration when private space to discuss is essential. These contain draft documents, draft principles and notes prepared for internal use.

An exception under regulation 10(5)(d) (Confidentiality of proceedings provided for by law (includes legal advice)) of the EIRs applies to some of the information you have requested. 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. However, this is outweighed as the material discussed contains confidential legal advice. 

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 202600500273 - Information released - Annex

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