EIR/202600520642 Review of 202600515733 · FOI/EIR · not held
Clyde Cod Targeted Scientific Programme (TSP) working group information: EIR Review
Information requested
Original request 202600515733
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
Your request for EIR review (202600520642)
Thank you for your response dated 28 May 2026 to my request for information. I am not satisfied with the responses to all my questions and therefore would like to request a review as set out below.
Question 1. All documents (including emails) setting out the criterion for eligibility for invitation to the joint the Working Group
Marine Directorate state that “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.
In the light of the fact that it was stated by Mairi Gougeon that a key priority for Year one includes addressing gaps in the data within the Strathclyde stock assessment model are you able to confirm that the Strathclyde scientists would meet this criterion to contribute to Year 1 priorities based on their work with and ownership of the Strathclyde model. If not, then an explanation needs to be furnished as to how the stock assessment model can be updated without their involvement.
Question 2. Names of all the 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.
Marine Directorate respond that “the first formal meeting of the Working Group is currently being planned for summer 2026….”
I would like a review of this answer because it is inconsistent with:
1. the supplied Memorundum of Understanding which states a point 10 “an inception meeting will take place before the end of February 2026 to agree on points of methodology, process, implementation, outcomes and evaluation”.
2. Marie Gougeon’s statement in a letter to Finlay Carson MSP dated 26 February 2026 that “The Working Group – comprising fishers, scientists, and officials, has already held its inception meeting and will meet at least twice annually”. [my underline]
Accordingly, please supply a list of the members and affiliations of the members of the Working Group that met in the second half of February 2026.
Question 3. All documents setting out the remit/terms of reference etc. of the Working Group.
No further questions.
Question 4. Minutes of any meetings of the TSP Working Group.
You respond there are no minutes because no meetings have been held. If it is found in reviewing the answer to question 2 that a meeting was held in February 2026 in line with the response given by the Cabinet Secretary then please supply the minute of this meeting.
If a meeting was not held then an explanation needs to be given as to why the cabinet secretary was providing inaccurate information to Mr Carson in his capacity as convener of the Rural Affairs and Islands Committee.
Question 5. All documentation for any scientific programme initiated or planned under TSP in year one to:
1. Monitor selectivity of the nephrops trawl fishery in the Firth of Clyde
2. Assess bycatch in the trawl fishery
3. Assess bycatch in the creel fishery
It is replied that this information cannot be completed because it is in the course of completion.
This request was not asking for data generated under any programme; it is rather about information regarding the TSP, its aims, and delivery. It is my assumption that this information/documentation would be in place before the start of any trials, in which case it should be released as soon as possible.
I would expect some explanation from Marine Directorate as to what propositions the TSP is wishing to test, why and how and with what budget. For example, will the programme be including an evaluation of the effectiveness of the cod box measures and if not why not? Equally, if the programme is seeking to estimate mortality arising out of the Clyde creel fishery then how will this be done? It is not credible that Marine Directorate could be embarking on a three year scientific programme without setting out a rationale, methodology and budget for the work.
Outcome of review (202600520642)
I have concluded that the original decision should be confirmed, with modifications. I have provided further information addressing each of the questions raised in your request for review below.
Question 1
I would note that the premise of Question 1 of your request for review appears to be a follow up asking whether Strathclyde scientists would meet criteria to be able to contribute to Year 1 of the Clyde Targeted Scientific Programme (TSP) rather than a request for review of our response to Question 1 of your original request that was seeking copies of documents setting out eligibility criteria for the TSP Working Group.
In this instance I have considered Question 1 of your review request primarily on the basis of whether the Scottish Government was correct to apply Regulation 10(4)(a) (information not held) in our response to Question 1 of your original request and I can confirm that the formal notice under Regulation 10(4)(a) of the EIRs in our response was appropriate as the Scottish Government does not hold documents that would be relevant to this part of your request.
I wish to highlight, however, that one of the priorities for Year 1 is to address gaps in the data underpinning the Strathclyde stock assessment model. Discussions are ongoing between Marine Directorate scientists and the Strathclyde scientists regarding how best to achieve this objective.
Question 2
I wish to clarify that an (informal) inception meeting took place in February 2026 with Scottish Government Officials and fishers/fisher representatives in attendance as set out in the Memorandum of Understanding provided in our response to Question 2 of your original request.
It may help if I explain that our response to Question 2 of your original request advised that no formal meetings of the TSP Working Group have taken place and that these are currently planned to commence from summer 2026.
In this instance I have considered Question 2 of your review request primarily on the basis of whether the Scottish Government holds the information sought in Question 2 of your original request, namely the names of all members of the TSP Working Group, their respective affiliations and when they would have joined the working group. As outlined above no formal meetings of the working group have taken place as yet and subsequently we are unable to provide details of third parties who would be invited to the group as these are yet to be finalised.
With respect to the Scottish Government Officials in attendance at the February 2026 inception meeting, an exception under Regulation 11(2) (Personal Data) applies as the details of said officials would constitute personal information and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations (GDPR) and in Section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’.
Question 4
As noted in my response to Question 2 above, an informal inception meeting took place in February 2026 with formal meetings of the TSP Working Group planned to commence from summer 2026.
In this instance I have considered Question 4 of your review request primarily on the basis of whether the Scottish Government was correct to apply Regulation 10(4)(a) (information not held) in our response to Question 4 of your original request and I can confirm that the formal notice under Regulation 10(4)(a) of the EIRs in our response was appropriate as the Scottish Government does not hold documents that would be relevant to this part of your request.
As noted above no formal meetings of the working group have taken place as yet and subsequently no minutes of meetings would be held for these until after said meetings have taken place. It may also help if I explain that with regard to the February 2026 inception meeting, as part of this review, a search was conducted by Scottish Government Officials which identified that no minute of the above noted inception meeting was taken.
Question 5
I would note that the premise of Question 5 of your request for review appears to be a follow up seeking information in relation to the aims and/or testing methodology of the TSP Working Group rather than a request for review of our response to Question 5 of your original request that was seeking copies of documents regarding any scientific programmes initiated or planned by the working group.
Furthermore, as you note in your review that you are not asking for data generated under any programme; it is rather about information regarding the TSP, its aims, and delivery we are excluding the raw data from the scope of the request. This means that the exception under 10(4)(d) no longer applies to this information. However having reconsidered the remaining information held for this part of the request, I have established that we were incorrect to apply the exception 10(4)(d) and are now applying an exception 10(4)(e)(internal communications). I apologise for this.
An exception under Regulation 10(4)(e) of the EIRs (internal communications) applies to the information you have requested because it is internal communication between Scottish Government Officials in relation to the TSP.
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, and to inform public debate. However, there is a greater public interest in high quality policy/decision-making and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that particular policy work while it is still under discussion and development.
I also wish to highlight that Question 5 of your review request has specifically asked for information regarding the TSP, namely its aims and objectives. 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. Where information is already publicly available I have provided you with the links to the relevant websites. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.
Information on the aims of the TSP detailing its rationale, methodologies and resourcing was provided to the Scottish Parliaments Rural Affairs and Islands Committee by letter on 4 February 2026 by the then Cabinet Secretary for Rural Affairs, Land Reform and Islands, Mairi Gougeon which can be found here. In particular, this letter provides information on what the TSP will investigate, when each part of its work will take place, and what resources the Scottish Government s Marine Directorate will commit to ensure its successful delivery.
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Detected exemption language
In this instance I have considered Question 1 of your review request primarily on the basis of whether the Scottish Government was correct to apply Regulation 10(4)(a) (information not held) in our response to Question 1 of your original request and I can confirm that the formal notice under Regulation 10(4)(a) of the EIRs in our response was appropriate as the Scottish Government does not hold documents that would be relevant to this part of your request. With respect to the Scottish Government Officials in attendance at the February 2026 inception meeting, an exception under Regulation 11(2) (Personal Data) applies as the details of said officials would constitute personal information and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations (GDPR) and in Section 34(1) of the Data Protection Act 2018. In this instance I have considered Question 4 of your review request primarily on the basis of whether the Scottish Government was correct to apply Regulation 10(4)(a) (information not held) in our response to Question 4 of your original request and I can confirm that the formal notice under Regulation 10(4)(a) of the EIRs in our response was appropriate as the Scottish Government does not hold documents that would be relevant to this part of your request. An exception under Regulation 10(4)(e) of the EIRs (internal communications) applies to the information you have requested because it is internal communication between Scottish Government Officials in relation to the TSP.
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