EIR/202600506152 · FOI/EIR · already published
Documentation on Energy Consents Unit decision to change public representation submissions: EIR release
Information requested
Context
The ECU website states that representations@gov.scot “can no longer be used to submit public representations for cases where the public consultation opened on or after 16 January 2026” and that representations must be submitted via the portal (with limited exceptions). I am seeking the recorded information explaining and evidencing why this change was made, and how impacts/risks were assessed.
Time period
Please provide information created or held from 1 September 2025 to the date you process this request. If this timeframe is too wide, please prioritise 1 December 2025 onwards.
Information requested
Please provide copies of the following recorded information (including attachments):
1. Decision-making and rationale
Any submissions to Ministers, briefings, options appraisals, decision notes, approvals, business cases, or internal reports relating to: a) introducing/rolling out the updated ECU representations portal, and b) removing email as a route for members of the public to submit representations (and any changes to the ECU mailbox process).
2. Governance and accountability
Minutes, agendas, action logs, and notes of meetings (including project boards/steering groups) where the move to portal-only submissions and/or the decommissioning of email submissions was discussed or decided. The names/titles (role names are fine if personal data is withheld) of the decision-maker(s) who approved the removal of email submissions, and the date(s) of approval.
3. Equality, accessibility, and digital inclusion
Any Equality Impact Assessment (EQIA), Fairer Scotland Duty assessment, Child Rights and Wellbeing Impact Assessment (CRWIA), Digital Inclusion assessment, Accessibility assessment, or similar analysis undertaken in connection with: a) the portal rollout, and/or b) removing email submissions.
4. Technical assurance, testing, and operational readiness
Any user research summaries, UAT/test reports, go-live readiness assessments, defect/issue logs (high-level is fine), service design documentation, and risk registers relating to: a) portal availability/reliability and confirmation/acknowledgement of submissions, and b) the decision to remove email as a submission route. Any documentation assessing compliance with the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 and WCAG standards for the portal.
5. Procurement and suppliers (if applicable)
Contracts, statements of work, purchase orders, or award documentation for any external supplier(s) involved in building/hosting/operating the representations portal (including support/maintenance), and any change requests specifically connected to removing email submissions.
6. Communications about the change
Internal and external communications (e.g., staff guidance, stakeholder briefings, public comms plans, Q&As) relating to: a) the removal of email submissions, and b) directions given to staff on how to handle representations sent by email after the change.
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.
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 the following exceptions apply:
Regulation 6(1)(b) of the EIRs (information already available) Regulation 10(4)(a) of the EIRs (information not held) Regulation 11(2) of the EIRs (Personal information)
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. The information you have requested was previously provided in response to an earlier Environmental Information Request (EIR). The response and released documentation can be viewed at the following link: Energy Consents public portal decision materials: EIR release - gov.scot
An accessibility statement is published on the ECU portal detailing compliance status, technical standards, and guidance on accessibility features including text resizing, colour adjustment, screen reader compatibility, and navigation support. (https://www.energyconsents.scot/Default.aspx).
This 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, as the information is already publicly available.
While our aim is to provide information whenever possible, an exception under regulation 10(4)(a) of the EIRs (information not held) applies to the information requested because we are not required to provide information that we do not have. In this instance the Scottish Government does not have the information you have requested.
Regarding point 2 specifically, staff within the Energy Consents Unit held internal meetings with those involved in this area of work. However, there are no minutes and agendas held on file.
For clarity, an Equality Impact Assessment, Fairer Scotland Duty assessment, Child Rights and Wellbeing Impact Assessment (CRWIA) and Digital Inclusion assessment, were not required for this change, as it represents an administrative adjustment to the method of submitting representations rather than a substantive change to policy or access. The procedural change related solely to the method by which public representations are submitted and did not alter the substantive consideration, weighting, or treatment of representations from any party.
The ECU works with Scottish Government legal and data protection teams to ensure that information presented to users remains current and compliant with relevant statutory requirements, including GDPR and the Data Protection Act 2018. When updates are necessary, changes are implemented through the Scottish Government's web content management processes.
The Scottish Government is committed to ensuring that public participation is as inclusive as possible. We do not prioritise one form of accessibility over another, as we recognise that people with different disabilities will have different requirements and their own preferred solutions.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. 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. While we recognise that there may be some public interest in this information, but clearly, we cannot provide information which we do not hold.
Finally, we are unable to release the identities or personal details of the individuals. Accordingly, we are refusing your request under Regulation 11(2) of the Environmental Information (Scotland) Regulations 2004. The information requested comprises personal data relating to identifiable individuals. Disclosure would contravene the data‑protection principles set out in Article 5(1) of the UK General Data Protection Regulation and section 34(1) of the Data Protection Act 2018, as it concerns the personal data of third parties. Regulation 11(2) is not subject to the public interest test, so we are not required to consider whether the public interest in disclosure outweighs the interest in applying this exception.
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. While we recognise that there may be some public interest in this information, but clearly, we cannot provide information which we do not hold.
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.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
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. 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 the following exceptions apply: Regulation 6(1)(b) of the EIRs (information already available) Regulation 10(4)(a) of the EIRs (information not held) Regulation 11(2) of the EIRs (Personal information) 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.
Attachments
No attachments found.