EIR/202600522300 Review of 202600516533 · FOI/EIR · not held
Loch Hourn sample data: EIR Review
Information requested
Original request 202600516533
The following information regarding an investigation into an alleged pollution incident at Loch Hourn, Scottish Government:
When the sediment samples where collected; Which vessel collected the samples; How many samples were collected; When analysis of the samples was commenced, if it has; Which office, lab, station or facility of the Marine Directorate has performed or will perform that analysis. Or, if the analysis was/will be performed by an external body, the name of that body.
Response
Your request for review
“Whilst I appreciate the application of exemption 10(4)(d) of the EIRs to the eventual findings of the investigation itself, my request was specifically for procedural elements related to the completion of the investigation. I do not believe your justification adequately explains how information regarding the collection of samples could give a misleading impression of what those samples contain or how that bears on the investigation's findings.”
Review outcome
I have been asked by Iain Wallace, Director of Marine Scotland to undertake the review as I was not involved in the original request for information.
Your original request was compiled of five distinct parts. I have considered if the application of the exception is appropriate for each part separately to determine whether or not we were correct to do so when responding to EIR request 202600516533.
The original exception withheld information under regulation 10(4)(d) of the EIRs - material in the course of completion, unfinished documents, or incomplete data.
The outcome of my review is that I am overturning the original decision with a different one.
I have determined that the exception does not apply to the request in its entirety and specifically, I have released the information requested in relation to the first three bullet points of your original request. The information is attached in Annex B of this letter.
I would note however that on reviewing materials within the scope of your original request and subsequent request for review, exceptions have been applied in line with the EIRs. In relation to the information requested in respect of the last two bullet points of your request, I am substituting the original exception and applying regulation 10(4)(a) (information not held) of the EIRs.
Details on the exception applied can be found in Annex A.
ANNEX A
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as analysis of the samples has not yet been undertaken. No facility within Marine Directorate has been used or identified at present to perform the analysis, nor has any external body been approved to conduct the analysis.
Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
It may help if I explain that as part of the response to your request a search request was submitted to Scottish Government Officials which resulted in no information being identified that would be within the scope of your request.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.
Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.
ANNEX B
When the sediment samples where collected;
06/05/2025 and 21/05/2025
Which vessel collected the samples;
Marine Directorate Operations and the Sir John Murray
How many samples were collected;
1 sediment sample from creel, 24 samples from the Sir John Murray
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
Response Your request for review “Whilst I appreciate the application of exemption 10(4)(d) of the EIRs to the eventual findings of the investigation itself, my request was specifically for procedural elements related to the completion of the investigation. The original exception withheld information under regulation 10(4)(d) of the EIRs - material in the course of completion, unfinished documents, or incomplete data. In relation to the information requested in respect of the last two bullet points of your request, I am substituting the original exception and applying regulation 10(4)(a) (information not held) of the EIRs. Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.
Attachments
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