FOI/202600520228 · FOI · not held
Correspondence in relation to The Fisheries Cottage, South Queensferry: FOI release
Information requested
You asked for copies of all internal correspondence, emails, letters, reports, meeting minutes, briefing notes, site visit logs, and any other recorded communications within or between the Scottish Government (including any of its directorates, departments, or agencies, such as Marine Scotland or Historic Environment Scotland) from 1 January 2023 to the present date regarding:
1. The physical degradation, structural integrity, neglect, or maintenance issues of the property, including any discussion surrounding the decision or requirement to board up the building.
2. The future of the property, including but not limited to any internal proposals, discussions, or options appraisals regarding its potential sale, lease, demolition, redevelopment, community transfer, or return to operational use.
Response
1. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some the information you have requested. The reasons why we do not have the information are explained in the Annex to this letter.
2. I enclose a copy of some of the information you requested regarding the future of the property and the intention to sell in Annex B.
3. An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.
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. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is 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.
Annex
The Scottish Government does not hold the information requested
The Scottish Government does not have some of the information you have asked for because there were no internal meetings or discussions within or between the Scottish Government departments or agencies regarding the physical degradation of the property, maintenance issues or the decision to board it up.
As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
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
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. 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. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.