FOI/202200305293 · FOI/EIR · partially withheld
Due diligence checks conducted on Scotwind project partners: EIR release
Information requested
A copy of all correspondence between the Scottish Government and Crown Estate Scotland or Marine Scotland relating to due diligence checks conducted on Scotwind project partners involved in the successful applications announced on 17 January 2022. On the same day you also clarified as follows: “Further to my previous email, I would like to issue a small correction to the language of my freedom of information request. The amended text is highlighted in bold below: Please provide a copy of all correspondence between the Scottish Government and Crown Estate Scotland or Marine Scotland relating to due diligence checks conducted on Scotwind project partners involved in the successful applications announced on 17 January 2022.”
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. I enclose a copy of some of the information you requested. Exceptions under regulation 10(5)(d) (Confidentiality of proceedings) and 11(2) of the EIRs (personal information) of the EIRs applies to some of the information you have requested. Please see the annex for further information. 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. Exceptions under regulation 10(5)(d) (Confidentiality of proceedings) and 11(2) of the EIRs (personal information) of the EIRs applies to some of the information you have requested.