FOI/202600523622 · FOI/EIR · not held
Squid Fishery Groups documents and meeting minutes (From 01 January 2025): EIR release
Information requested
All documents, (including emails) since 01 January 2025 setting out the criterion for eligib for invitation to join the: Squid Co-management Group; Working Group which designed the squid trial project Technical Level Workshop on the squid fishery Names of all members, past and present, and their respective affiliations and dates of appointment, together with details of any office holders (such as convener) of the: Squid Co-management Group; Working Group which designed the squid trial project Technical Level Workshop on the squid fishery. All documents since 01 January 2025 setting out the remit/terms of reference etc of the: Squid Co-management Group; Working Group which designed the squid trial project Technical Level Workshop on the squid fishery All Minutes of any meetings since 01 January 2025 of the: Squid Co-management Group; Working Group which designed the squid trial project Technical Level Workshop on the squid fishery.
Response
Request for information regarding the Squid Co-management Group and Working Group
Questions 1 & 3
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This exception applies because documentation relating to the remit, terms of reference, and eligibility of membership of the Squid Co-management Group is dated before the timeframe stated in your request so we do not hold the information specified in your request dated after 1 January 2025.
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. Therefore, 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 information about the remit, terms of reference, and eligibility of membership of the Squid Co-management Group, clearly 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.
Question 2
Membership of the Squid Co-management Group includes representatives from the following organisations:
Scottish Fisherman’s Federation Shetland Fishermen Association Orkney Fisheries Association Scottish Whitefish Producer’s Organisation West of Scotland Producer’s Organisation Aberdeen Fish Producer’s Organisation Shetland Regional Inshore Fisheries Group Outer Hebrides Regional Inshore Fishing Group University of the Highlands and Islands Shetland NatureScot OpenSeas SIFT (Sustainable Inshore Fisheries Trust) Scottish Government’s Marine Directorate
While our aim is to provide information whenever possible, in this instance an exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
Question 4
I have included copies of the information you have requested in the attached Annex (B).
On reviewing materials within the scope of your request, an exception has been applied in line with the EIRs. The exception applied can be found in the attached Annex (A).
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
Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. 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. Question 2 Membership of the Squid Co-management Group includes representatives from the following organisations: Scottish Fisherman’s Federation Shetland Fishermen Association Orkney Fisheries Association Scottish Whitefish Producer’s Organisation West of Scotland Producer’s Organisation Aberdeen Fish Producer’s Organisation Shetland Regional Inshore Fisheries Group Outer Hebrides Regional Inshore Fishing Group University of the Highlands and Islands Shetland NatureScot OpenSeas SIFT (Sustainable Inshore Fisheries Trust) Scottish Government’s Marine Directorate While our aim is to provide information whenever possible, in this instance an exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.