EIR/202500470332 Review of 202500464077 · FOI/EIR · partially withheld
Meeting notes regarding Discussion on Zonal Pricing and Reformed National Market: EIR Review
Information requested
Original request 202500464077
This is a follow up request to a previous FOI response. Your ref: 202500459761
The above referenced FOI response included notes on a meeting - Discussion on Zonal pricing and Reformed National Market - which took place on 26th February 2025. Under the heading “summary of actions” it said: “Officials to send a further submission”
Please provide that further submission, along with all internal correspondence discussing its drafting.
Response
I have now completed my review of our response to your request original case reference 202500464077 follow up to 202500459761.
I have concluded that a different decision should be substituted and I have concluded that some additional information should be disclosed to you, as follows: Document 1: “Ministerial Submission (REMA and Consumer Costs) provided to Cabinet Secretary for Net Zero & Energy 24/03/2025” was previously withheld under exception FOISA 29(1)(a), 30(b)(i) and 30(b)(ii).
The initial request was answered under FoI(S)A, however as the request is for environmental information it should have been handled under the Environmental Information (Scotland) Regulations 2004 (the EIRs). I apologise that your request was not correctly identified as being for environmental information.
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
The application of exemption section 38(1)(b), whilst you did not express dissatisfaction regarding its application, has been revisited as part of the review process due to the change in regime under which your request should have been handled. For completeness I am upholding the application of the exemption under the regulation of 11(2) – personal information of the EIR. Regulation 11(2) provides that where the information requested includes personal data about a person other than the applicant and disclosure would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998, the public authority shall not make that personal data available. 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 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested because it is internal communication between Scottish Government Ministers and officials about a potential Government position on an area of reserved policy regarding electricity markets and zonal pricing. As part of the review, I have reconsidered all the information withheld under FOISA in terms of 29(1)(a), 30(b)(i) and 30(b)(ii). I have concluded that an exception at regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information previously withheld under exceptions to FOISA 29(1)(a), 30(b)(i) and 30(b)(ii). Regulation 10(e) of the EIRs does not apply to factual information or correspondence with third parties. Where there is still information being withheld the exceptions that have been applied to the information and the public interest test reexamined under EIR regulations.
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, this is outweighed by the public interest in high quality policy and 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 on electricity markets will be disclosed in the near future, when it may undermine or constrain the Government’s view on that issue while it is still under discussion and development.
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. Response to your request The application of exemption section 38(1)(b), whilst you did not express dissatisfaction regarding its application, has been revisited as part of the review process due to the change in regime under which your request should have been handled.