EIR/202600515733 · FOI/EIR · not held
Clyde Cod Targeted Scientific Programme (TSP) working group information: EIR release
Information requested
1. All documents, (including emails) setting out the criterion for eligibility for invitation to join the Working Group.
2. Names of all members of the Working Group past and present, their respective affiliations and date of appointment to the group, together with details of any office-holders such as convener.
3. All documents setting out the remit/terms of reference etc of the Working Group
4. Minutes of any meetings of the TSP Working Group
5. All documentation for any scientific programme initiated or planned under TSP in year one to: a) Monitor selectivity of the nephrops trawl fishery in the Firth of Clyde b) Assess bycatch in the trawl fishery c) Assess bycatch in the creel fishery
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.
1. All documents, (including emails) setting out the criterion for eligibility for invitation to join the Working Group.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. This is because there are no formal or fixed eligibility criteria for invitation to join the Working Group.
Instead, as set out in Clyde cod licence condition information: EIR release, membership is determined on a functional and adaptive basis, with individuals participating according to their ability to contribute to the Year 1 priorities of the TSP. The initial priority was to deliver the expanded Scotia surveys, support the deployment of Remote Electronic Monitoring on creel vessels in the Clyde, and have observer trips on trawlers operating in the Clyde — these being key pieces of work for the Marine Directorate, Scottish Government, to take forward. As a result, at the time of this EIR request, NatureScot, who you referred to in your request, had not been formally invited to join the Working Group, however, their involvement is fully anticipated as the focus expands beyond that initial phase.
Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
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.
While we recognise that there may be some public interest in the information requested, we cannot provide information which we do not hold.
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.
2. Names of all members of the Working Group past and present, their respective affiliations and date of appointment to the group, together with details of any office-holders such as convener.
The first formal meeting of the Working Group is currently being planned for summer 2026, and invitations, agenda or relevant papers have not yet been issued.
In general, the group is expected to include representatives from the Marine Directorate, the Clyde Fishermen’s Association, scientific or technical advisers, independent academics, active Clyde fishers, and other specialists, with membership kept under review. In practice, this means that invitations are based on relevant expertise, role, and capacity to support evidence gathering and specific discussion points, and to address key knowledge gaps, rather than on any predefined or published eligibility thresholds.
Additional information regarding the Working Group is detailed in Section 10 of the Memorandum of Understanding attached at Annex A.
3. All documents setting out the remit/terms of reference etc of the Working Group
As set out in Clyde cod licence condition information: EIR release, the remit of the Working Group is to support the delivery, coordination, and continuous improvement of the Targeted Scientific Programme (TSP) in the Clyde region.
Its primary focus is on delivering the Year 1 priorities of the TSP by addressing key evidence gaps, including expanding research survey coverage, improving understanding of selectivity and bycatch across gear types, strengthening and updating stock assessment models, and enhancing knowledge of cod distribution, including spawning and juvenile areas.
In doing so, the Group is responsible for helping to collect and generate high-quality data to underpin the programme and support evidence-based, adaptive fisheries management. While its work is intended to inform future management decisions, particularly in relation to reducing fishing mortality and bycatch, its immediate role is centred on evidence generation rather than providing direct or immediate recommendations, with its remit remaining flexible as new information emerges.
As detailed in the response to question 3, a copy of the Memorandum of Understanding is attached at Annex A.
4. Minutes of any meetings of the TSP Working Group
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. This is because the TSP Working Group has not held any meetings to date.
As detailed in the response to question 2, the first formal meeting of the Working Group is currently being planned for summer 2026, and invitations, agenda or relevant papers have not yet been issued. In line with Scottish Government protocol, minutes of relevant meetings will be published on gov.scot in due course.
Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
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.
While we recognise that there may be some public interest in the information requested, we cannot provide information which we do not hold.
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.
5. All documentation for any scientific programme initiated or planned under TSP in year one to:
a) Monitor selectivity of the nephrops trawl fishery in the Firth of Clyde b) Assess bycatch in the trawl fishery c) Assess bycatch in the creel fishery
In relation to 5. a), b) and c):
While our aim is to provide information whenever possible, in this instance an exception under Regulation 10(4)(d), material in the course of completion, applies to the information requested. This is because information is currently being gathered and is not fully complete yet.
This exception is subject to the ‘public interest test’. Therefore, taking into account 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 an open, transparent and accountable government. However, there is a greater public interest in allowing a private space for officials to consider draft content of documents and data to ensure that factual and accurate information is released in the public domain.
As we have applied Regulation 10(4)(d), under Regulation 13(d) a public authority must also outline when the information will be completed. As detailed above, information and data is currently being gathered and further information will be provided in due course and included in an annual report to the Scottish Parliament in early 2027.
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. Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.