FOI/202500499758 · FOI/EIR · already published
Kintore to Tealing pylon building documentation: EIR release
Information requested
Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about plans by SSEN to build pylons between between Kintore in Aberdeenshire and Tealing in Angus, from the last month?
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.
Please find enclosed a copy of some of the information you requested, entitled Annex A (parts 1- 7). Owing to the file size of the attachments, these will be emailed directly to you.
You can view some of the information you have requested from the ECU portal (https://www.energyconsents.scot/Default.aspx). Using the search facility, enter the project code ECU00005225 and published documentation associated with the Kintore to Tealing 400 kV Overhead Line Connection can be accessed, this includes all application documents, consultation responses and public representations. Under regulation 6(1)(b) of the EIRs (information already available), we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
Additionally, some of the information relating to this project has been released through previous Environmental Information Regulations (EIRs) requests, available on the Scottish Government’s publication page:
Correspondence regarding SSEN’s Kintore to Tealing Overhead Line: EIR release - gov.scot Cabinet Secretary for Climate Action and Energy meetings with energy companies: EIR release - gov.scot
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested owing to the following exception(s):
regulation 11(2) of the EIRs (personal information) regulation 6(1)(b) of the EIRs (information already available regulation 10(4)(e) of the EIRs (internal communications)
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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. An exception under regulation 6(1)(b) of the EIRs (information already available) applies to some of the information requested because we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
This 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, as the information is already publicly available.
An exception under regulation 10(4)(e) of the EIRs (internal communication) applies to some of the information requested. In this case, the information relates to internal discussions between Ministers and officials concerning energy consenting decisions. There is a greater public interest in preserving the integrity of the decision-making process and ensuring that policies are properly considered and implemented. Disclosure at this stage would risk undermining the Government’s ability to conduct rigorous and candid internal deliberations. Ministers and officials must be able to explore all available options and assess their implications in a protected space, based on the best available advice. If such discussions were routinely disclosed, it could inhibit frank exchanges and compromise the quality of future decisions. This is particularly relevant in statutory consenting processes, where Ministers are required to reach impartial and legally sound Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See decisions following full consultation. Protecting the confidentiality of internal communications in this context supports robust and fair decision-making, which ultimately serves the wider public interest. 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.
Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide.
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
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. Additionally, some of the information relating to this project has been released through previous Environmental Information Regulations (EIRs) requests, available on the Scottish Government’s publication page: Correspondence regarding SSEN’s Kintore to Tealing Overhead Line: EIR release - gov.scot Cabinet Secretary for Climate Action and Energy meetings with energy companies: EIR release - gov.scot While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested owing to the following exception(s): regulation 11(2) of the EIRs (personal information) regulation 6(1)(b) of the EIRs (information already available regulation 10(4)(e) of the EIRs (internal communications) An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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.
Attachments
No attachments found.