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Marine applications for subsea marine cables correspondence: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.


Information requested

All correspondence in respect of marine applications for subsea marine cables, making landfall, at the substation at Ardmore, Waternish, Isle of Skye including,

1. existing licenses granted (utilised or dormant),

2. expressions of interest,

3. new routes in discussion,

4. discounted routes,

5. current applications,

6. anticipated applications.

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.

Request for all correspondence in respect of marine applications for subsea marine cables, making landfall, at the substation at Ardmore, Waternish, Isle of Skye

Questions 1, 3, 4 & 5

I have included copies of the information you have requested in attached Annexes (A), (B), (C), and (D).

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

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. 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. You may wish to review the associated application documents which are available from the Scottish Government Marine Licensing Portal via the following: Marine Licence Application.

There are currently no dormant licences listed for this site.

Further information that you may find helpful can be found online via the following publications:

Questions 2 & 6

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we do not hold any information in relation to any additional businesses (outwith Scottish Hydro Electric Power Distribution) showing interest in providing and/or installing subsea cables at Ardmore or have indicated that they are planning to submit any future applications. 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.

EIR 202600508259 - Information released - Annex A

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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