Publication - FOI/EIR release

Noise guidance for onshore wind turbines: EIR release

Published: 4 January 2024
Directorate: Energy and Climate Change Directorate
Topic: Public sector
FOI reference: 202300351324
Date received: 12 April 2023
Date responded: 17 May 2023

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

Information requested

Information with regard to the publication: ‘A review of noise guidance for onshore wind turbines’:

Please can you supply me with the date members of the Scottish Parliament and civil servants were first informed of the publication of the WSP Report - ‘A review of noise guidance for onshore wind turbines’?
Please can you supply me with all communications with the Scottish Parliament and civil servants (individuals working for the Scottish Government) referencing this WSP report from October 1st 2022 to March 31st 2023.

Response

1. Scottish Government civil servants were informed of the publication of the WSP Report – ‘A review of noise guidance for onshore wind turbines’ on 10 February 2023.

2. I enclose a copy of communications by Scottish Government civil servants referencing the WSP Report - ‘A review of noise guidance for onshore wind turbines’ between 1 October 2022 to 31 March 2023.

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 of exceptions under regulations:

11(2) (personal data of third party)
10(5)(b) (substantial prejudice to course of justice, fair trial, or criminal or disciplinary inquiry)
10(4)(e) (internal communications)

The reasons why the exceptions apply are explained in the Annex to this letter.

ANNEX
An exception applies

Exception 11(2) – (personal information)
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.

Exception 10(4)(e) – (internal communications)
An exception under regulation 10(4)(e) of the EIRs (internal communications) also applies to some of the information you have requested because it is internal communication relating to Scottish Government parliamentary questions.

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 allowing a private space within which officials can provide free and frank advice and views to Ministers in briefing for Scottish Government parliamentary question answers. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Exception 10(5)(b) – (substantial prejudice to course of justice)
An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) applies to some of the information you have requested because it is legal advice and disclosure would breach legal professional privilege.

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