· FOI/EIR · partially withheld
Meeting between Transport Scotland and Bear Scotland: EIR release
Information requested
"Reference: a) correspondence 2017/0023413 dated 26 July 2017
In his letter (reference a) above) [REDACTED] refers to the meeting between Transport Scotland and Bear Scotland which took place on the 11 April 2017. He describes four matters for discussion (under the heading "Acknowledgement of failings"). which relate to my own correspondence.
For these I request the minutes of the meeting or a summary of the outcome."
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.
In response, please refer to the Annex A which contains the minutes of Transport Scotland and Bear Scotland's meeting which took place on the 11 April 2017.
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.