Fingleton review of nuclear regulation correspondence: EIR release

Information requested

You asked for copies of any correspondence, emails, reports, memos or other recorded information in 2025 and 2026 relating to the Fingleton review and the UK Government's subsequent announcement, including any discussions with UK Government representatives.

 

Response

You also noted that you do not wish to receive information which is purely administrative in nature nor information that is already in the public domain. I therefore considered such information to be out of scope for the purposes of this request. Examples of such excluded information include correspondence arranging meetings and the circulation of documents which have now been published. You also noted that you do not wish to receive purely personal information, which has also accordingly been redacted from the information provided.

As the information you have requested likely contains '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 enclose a copy of some of the information you requested in Annex B to this letter.

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 exception under Regulation 10(4)(e) of the Environmental
Information (Scotland) Regulations 2004 (EIRs) applies.

The reasons why this exception applies are explained in Annex A to this letter.

Furthermore, in this instance, some of the information you have requested is not held by the Scottish Government for the purposes of the EIRs because we received it in confidence from the UK Government.

This means that, under the terms of regulation 2(2) of the EIRs, we are unable to disclose it in response to your request. However, you may wish to submit a new request under the UK Environmental Information Regulations 2004 to Department for Energy Security & Net Zero who should be able to help you further. Department for Energy Security and Net Zero 55 Whitehall London SW1A 2HP United Kingdom foi.requests@energysecurity.gov.uk

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 202600512328 - Information Released - Annex A and B

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