· FOI/EIR · partially withheld
Stewart Stevenson meetings relating to tail docking: EIR release
Information requested
(a) Any ministerial briefing papers prepared in advance of meetings of Stewart Stevenson, then Cabinet Secretary for Environment and Climate Change, relating to 'tail docking/tail shortening/the Animal Health and Welfare Act (Scotland) 2006/Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017' held between May 25, 2011, and September 6, 2012, both dates inclusive.
(b) Minutes, notes and action plans from meetings of Stewart Stevenson, then Cabinet Secretary for Environment and Climate Change, relating to 'tail docking/tail shortening/the Animal Health and Welfare Act (Scotland) 2006/Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017' held between May 25, 2011, and September 6, 2012, both dates inclusive.
(c) Any correspondence of Stewart Stevenson, then Cabinet Secretary for Environment and Climate Change, relating to 'tail docking/tail shortening/the Animal Health and Welfare Act (Scotland) 2006/Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017' held between May 25, 2011, and September 6, 2012, both dates inclusive.
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 most of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information because an exemption under section 11(2) "personal data relating to third party" of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter. In addition, a number of redactions of materials outwith the scope of your request have been carried out.
Reasons for not providing information
An exception applies.
An exception under regulation 11(2) of the EIRs (personal data) applies to information that has been redacted from the documents which are being released to you. This exception applies because the information is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.
Detected exemption language
FOI reference: FOI/17/01968Date received: 28 August 2017Date responded: 10 October 2017 Information requested (a) Any ministerial briefing papers prepared in advance of meetings of Stewart Stevenson, then Cabinet Secretary for Environment and Climate Change, relating to 'tail docking/tail shortening/the Animal Health and Welfare Act (Scotland) 2006/Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017' held between May 25, 2011, and September 6, 2012, both dates inclusive. (b) Minutes, notes and action plans from meetings of Stewart Stevenson, then Cabinet Secretary for Environment and Climate Change, relating to 'tail docking/tail shortening/the Animal Health and Welfare Act (Scotland) 2006/Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017' held between May 25, 2011, and September 6, 2012, both dates inclusive. (c) Any correspondence of Stewart Stevenson, then Cabinet Secretary for Environment and Climate Change, relating to 'tail docking/tail shortening/the Animal Health and Welfare Act (Scotland) 2006/Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017' held between May 25, 2011, and September 6, 2012, both dates inclusive. 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'.