Meetings with Stefan Kaufmann delegation: EIR release

Information requested

In May 2022 a delegation led by Stefan Kaufmann (a former German government minister who is now a government advisor for innovation and hydrogen) visited Scotland.

Please provide all briefing documents prepared in advance of meetings between the Scottish Government and the Stefan Kaufmann delegation, and any minutes/notes arising from those meetings.

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.

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.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in ensuring that the Scottish Government is able to maintain good relations with other states, in order to protect and promote Scotland’s interests.

The effective conduct of international relations depends upon maintaining trust and confidence between the Scottish Government and other states. In this case, disclosing information about UK/German engagement on renewables would substantially prejudice relations between the Scotland and Germany because there is a need to maintain confidential dialogue in order to ensure that future engagement can take place in a spirit of trust and openness.

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.

EIR - 202200333837 - Information release

File type

16 page PDF

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279.9 kB