FOI/202500477488 · FOI/EIR · partially withheld
Documentation regarding nuclear power: EIR release
Information requested
All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, and analysis, about nuclear power, 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.
Response to your request
I enclose a copy of most of the information you requested.
Some of the information you have requested is available from:
Written question and answer: S6W-38932 | Scottish Parliament Website SNP nuclear stance ‘costing Scotland millions in investment’ | The Herald SNP Government accused of 'dereliction of duty' over nuclear power snub - Daily Record Scotland globally isolated on nuclear power due to SNP's 'ideological objection'
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. 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.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under reg 10(4)(e) (internal communications) and reg 11 (2) (personal data) of the EIRs applies to that information. The reasons why those exceptions apply are explained in the Annex to this letter.
ANNEX
An exception applies
An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested. This exception covers information that has not been shared out with the Scottish Government and it applies in this case to internal discussions, where decisions have not yet been taken. 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 because disclosure could demonstrate that the Scottish Government is adequately discharging its regulatory responsibilities. However, this is outweighed by the public interest in avoiding potential misinterpretation.
Additionally, 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.
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. ANNEX An exception applies An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested.