Mairi McAllan briefing for appearance at the Rural Affairs, Islands and Natural Environment Committee on 25 January 2023: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
The briefing given to the then minister Mairi McAllan for her appearance in front of the Rural Affairs, Islands and Natural Environment Committee on 25 January 2023.
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
I enclose a copy of most of the information you requested, please refer to the three attachments (Items 1, 2, and 3) containing the main briefing document and two supplementary briefings.
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 reg 11(2) personal information of the EIRs applies to that information. The reasons why those exceptions apply are explained below.
An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested because it is internal communication between Scottish Government officials and Scottish Ministers.
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 as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the public interest in maintaining high quality policy and decision-making, and in the properly considered implementation and development of briefing material, policies and decisions. In addition, this is also outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
An exception under regulation 11(2) of the EIRs also applies to some of the information you have requested. This information relates to personal data concerning Scottish Government employees and has been withheld.
If you are interested in reading what was said during the Rural Affairs, Island and Natural Environment Committee meeting on 25 January 2023, including the Minister’s opening statement, the official record can be accessed online via the Scottish Parliament website.
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.
Contact
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Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
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