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FOI/202300342951 · FOI/EIR · partially withheld

Emails received by First Minister mentioning Deposit Return Scheme: EIR release

Published
2023-05-09
Received
2023-02-10
Responded
2023-03-14
Directorate
Environment and Forestry Directorate
Topic
Environment and climate change, Public sector
Exemptions
20, 39(2)

Information requested

“Any emails that have been received by First Minister Nicola Sturgeon that mention the Deposit Return Scheme, due to go live on the 16 August 2023, between the 10 December 2022 and 10 February 2023. If this provides too many responses, please narrow the timeline from 10 January 2023 to 10 February 2023.”

Response

I apologise for the delay in responding to your request for information. The delay has arisen as a result in the number of requests in relation to the Deposit Return Scheme. We are taking steps to ensure EIR requests are processed timeously in future, and apologise for the inconvenience on this occasion.

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

I have attached copies of the information you have requested in Annex B.

On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A. 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.

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.

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