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202300351105 · FOI/EIR · partially withheld

Rural payments and/or payment commitments made to the Leckie Estate: EIR release

Published
2023-11-21
Received
2023-04-12
Responded
2023-05-11
Directorate
Agriculture and Rural Economy Directorate
Topic
Public sector
Exemptions
20, 39(2), 11(2), 34(1)

Information requested

1. Full breakdown of all rural payments and/or payment commitments made to the Leckie Estate in the last six years as defined by the shaded area below.

2. This must include a detailed breakdown of AECS payments (if any), individual payments and/or contract commitments for other items such as gorse removal, rhododendron removal and forestry grant schemes, even if the work is not yet completed.

3. Please provide the breakdown by each year and the individual(s)/organisation(s) that these payments were for.

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 some of the information you requested.

A search has identified three businesses which have received rural payments within the map area provided.

Business: D I Rock Farming Co

Scheme 2017 2018 2019 2020 2021 2022 BPS £21,946.03 £22,699.01 £23,004.11 £24,101.94 0 0 GR £10,765.04 £10,765.56 £10,797.90 £11,070.24 0 0 LFASS £14,960.60 £14,960.94 £11,966.94 £9,118.96 0 0 SSBSS £4,120.60 0 0 0 0 0 Total £51,792.27 £48,425.51 £45,768.95 £44,291.14 0 0

Note, LFASS scheme years 2019 and 2020 had a reduction to the payment rate to 80% and 40% of the 2018 payment rate respectively

Business: Leckie Estate

Scheme 2017 2018 2019 2020 2021 2022 RP £7,400.00 0 0 0 0 0 Total £7,400.00 0 0 0 0 0

Business: Leckie Partnership

Scheme 2017 2018 2019 2020 2021 2022 BPS 0 0 0 0 0 £24,338.75 GR 0 0 0 0 0 £11,139.89 Total 0 0 0 0 0 £35,478.64

BPS - Basic Payment Scheme

GR - Greening

LFASS - Less Favoured Area Support Scheme

SSBSS - Scottish Suckler Beef Support Scheme

RP - Rural Priorities

None of the business have any AECS commitments or payments.

One business under the name of Leckie Partnership do have a contract under the Forestry Grant Scheme (FGS) but as yet they have received no payments. As the FGS is administered by Scottish Forestry, if you require any information on any claims submitted by Leckie Partnership you will need to send a separate request for information to them. They can be contacted by e-mail at: scottish.forestry@forestry.gov.scot

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information in the format (ie. detailed breakdown) you have requested because an exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is information related to small partnerships which we consider personal information according to the definition of UK GDPR, 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.

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 Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG

Detected exemption language

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. detailed breakdown) you have requested because an exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is information related to small partnerships which we consider personal information according to the definition of UK GDPR, 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.

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