Results of water sample testing in Loch Long, Loch Duich or Loch Alsh: EIR release

Information requested

Last year SEPA vessels were present in the Loch Long , Loch Alsh and Loch Duich area and carried out water sample testing on behalf of Marine Scotland.

SEPA do not hold the results.

I am unable to find released results of these samples on the Marine Scotland website, either in datasets or maps.

I would like the results of any testing carried out in Loch Long, Loch Duich or Loch Alsh in 2025 or 2026.

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 information regarding the results of any testing carried out in Loch Long, Loch Duich or Loch Alsh

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 the Scottish Environment Protection Agency (SEPA) last sampled Loch Long on behalf of the Scottish Government’s Marine Directorate in November 2024. 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.

Data in relation to micro-plastics sampling up to 2024 has been published via the marine data portal and can be found here. Nutrient data is submitted to the Marine Environment Monitoring and Assessment National database (MERMAN) which can be found here. Data from the MERMAN database can be also requested from the British Oceanographic Data Centre via: merman@bodc.ac.uk

I also wish to highlight that we do not sample either Loch Duich or Loch Alsh, subsequently we hold no information in relation to water sampling test results.

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. Therefore, 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. While we recognise that there may be some public interest in information regarding water sample testing, clearly we cannot provide information which we do not hold.

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.