EIR/202600502422 · FOI/EIR · already published
Storm overflow and waste water documentation: EIR release
Information requested
A copy of all documents which discuss the commitment made by the Scottish Government, in a letter to Environmental Standards Scotland on the 10th June 2025, to publish up-to-date, clear and specific guidance about the exceptional circumstances in which it is permissible for storm overflows to spill;
A copy of all documents which discuss alignment with the EU's recast Urban Waste Water Treatment Directive.
For the purposes of the first part of your request, we have searched for information between 17 September 2025 (the end of the search period for your previous EIR request 202500485256 which related to the same topic) and 20 January 2026.
For the purposes of the second part of your request, we have searched for information between 12 December 2024 (the date of publication of the recast Urban Waste Water Treatment Directive) and 20 January 2026.
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.
Some of the information provided has been redacted to remove information that is outwith the scope of your request.
Some of the information you have requested is available from Supporting documents - Climate change: Scottish National Adaptation Plan 2024-2029 - gov.scot.
In addition, some of the information you have requested was released as part of the response to a previous EIR (202500471439), and is available at Storm overflow documentation: EIR release - gov.scot.
Some of the information relates to an already published parliamentary question answer, available at: Written question and answer: S6W-42837 | Scottish Parliament Website
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.
Exceptions applied
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under regulation(s) 11(2) (personal data); 10(4) (e) (internal communications); and 10(4)(d) (material which is still in the course of completion/unfinished documents) of the EIRs applies to that information.
Regulation 11(2)
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
Regulation 10(4)(e)
An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to some the information you have requested.
As this request relates to an ongoing live issue, and there is a need for free and frank exchanges between officials to formulate SG policy, this exception applies as the information relates to these internal communications.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because of public and press interest in the Water Industry. However, this is outweighed by the public interest in providing the space for free and frank exchanges between officials on this policy area.
Some of the information withheld under regulation 10(4)(e) (internal communications) is internal legal advice and disclosure would breach legal professional privilege. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. 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 officials a space to discuss the development of any given policy and to maintain the right to confidentiality of communications. This is also outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication about lines to take.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in lines to take. It is clearly in the public interest that Ministers can properly and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.
Regulation 10(4)(d)
An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is material which is still in the course of completion or an unfinished document. The question of how to align with the recast Urban Wastewater Treatment Directive is still under active consideration, and a variety of options are being tested and considered. The material in question will ultimately be published in the form of impact assessments and public consultation on the policy options for the future of the water industry.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://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. Regulation 11(2) An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.