· FOI/EIR · partially withheld
Discussions between Kevin Stewart MSP and Andrew Kerr: EIR release
Information requested
You asked for documentation and minutes of the discussions between Kevin Stewart MSP and Andrew Kerr, Chief Executive, and Leader of City of Edinburgh Council from their meeting on 22 August 2017.
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 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 all of the information you requested:
Agenda for the meeting (Annex A) Email summarising key points from meeting (Annex B) Note of meeting (Annex C)
Detected exemption language
We are applying the exemption at section 39(2) of 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.