Publication - FOI/EIR release

Internal Scottish Government discussion/analysis of the Scot2Ger project: EIR release

Published: 9 January 2024
Directorate: Energy and Climate Change Directorate
Topic: Public sector
FOI reference: 202200329884
Date received: 13 November 2022
Date responded: 12 December 2022

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

Information requested

In November 2021 Scottish Enterprise commissioned the Scot2Ger project.

Please provide all internal Scottish Government discussion/analysis of the Scot2Ger project, including discussion/analysis of the Scot2Ger report published in June 2022.

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.

Response

A copy of most of the information you requested is attached.

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.

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 an exception(s) under regulation(s) reg 10(4)(e) (internal communications) and regulation 10(5)(f) of the EIRs applies to that information. The reasonswhy that exception(s) applies are explained below.

Regulation 10(4)(e) allows a Scottish public authority to withhold internal communications. Internal communications between officials which contains sensitive information should be able to take place to inform quality policy and decision making.

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 because there is an interest in open and transparent government. However, this is outweighed by the public interest in allowing internal communications between officials and Ministers to take place to inform quality policy and decision making and ensure the advice provided is robust and fully considered.

Regulation 10(5)(f) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) which allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to the interests of a person who provided information voluntarily to the authority.

There are three tests (in addition to public interest) to consider when testing whether this can be applied:

the person was not legally obliged (and could not be legally obliged) to supply the information
the person did not supply it in circumstances such that it could be made available except by making a request for it under the EIRs
the person has not consented to the information being disclosed.

However, this is outweighed by the public interest in not disclosing this information as it would impact adversely on the interests of the person who provided the information.

Regulation 10(5)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to refuse to disclose environmental information, where its disclosure would, or would be likely to, cause substantial prejudice to one or more of the following: international relations; defence; national security; public safety.

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 because this could enhance scrutiny of the decision-making processes. However, this is outweighed by the public interest in not disclosing this information as it would impact adversely on international relations.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.