EIR/202600513670 · FOI/EIR · partially withheld
Copies of documents held by the Scottish Government that include the phrase “inframarginal rent”: EIR release
Information requested
For the period 1st May 2021 - date, how many documents stored in the eRDM systems of the Chief Economist, Constitution, Offshore Wind, or Energy and Climate Change Directorates include the phrase “inframarginal rent”?
Please provide each such document.
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.
Request for copies of documents held by the Scottish Government that include the phrase “inframarginal rent”
I have included copies of the information you have requested in the attached Annex (A).
A small amount of documentation has been withheld as exceptions under Regulations 10(4)(e) (internal communications) and 10(5)(f) (third party interests) of the EIRs apply. These exceptions are 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 exceptions. We have found that, on balance, the public interest lies in favour of upholding the exceptions. We recognise that there is some public interest in releasing the information as part of an open, transparent and accountable government. However, this is outweighed by the greater public interest in allowing Scottish Government officials a private space to share advice for the purposes of developing policy. Additionally, disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of said information and the interests of third parties providing information to the Scottish Government in confidence.
I also wish to highlight that a small amount of documents identified as part of your request have also been published online by their respective providers. Under Regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
I have provided links to the above noted published documents below for your convenience:
Net Zero Market Reform (NZMR): Market Reform Package Workshop 29 November 2022 Department for Energy Security & Net Zero: Review of Electricity Marker Arrangements Second Consultation Document 7 May 2024 National Grid: Net Zero Market Reform Phase 3 Assessment and Conclusions May 2022 ESO: Assessment of Investment Policy and Market Design Packages 27 February 2023
About FOI
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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.