FOI/202300362222 · FOI/EIR · partially withheld
Correspondence with UK Government relating to the Deposit Return Scheme: EIR release
Information requested
Can you please provide all correspondence between the First Minister Humza Yousaf and Lorna Slater that relates to the deposit return scheme since March 28 this year. Can you also provide all correspondence between Mr Yousaf and the Westminster Government over the scheme since March 28. Can you also provide all correspondence between Ms Slater and the Westminster Government over the scheme since March 28.
Response
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 to your request
Question 1:
I have included copies of the information you have requested in Annex B.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A. Question 2:
I have included copies of the information you have requested in Annex C.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A. Question 3:
I have included copies of the information you have requested in Annex D.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.
About FOI
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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.