FOI/202500450751 · FOI/EIR · partially withheld
Green Volt Project correspondence: FOI release
Information requested
1) Which Special Advisers or Ministers signed off or approved the Environmental Information Response and the attachments to the response which was given the reference number 202400434817?
2) The full email threads which discussed the initial draft freedom of information/environmental information response and attachments including all comments, changes, amendments, redactions and feedback given on the original draft and subsequent drafts of the response and its attachments until the response was finalised and sent to me. Please state which ministers (including officials from their private offices) and special advisers were copied into the email threads discussing the draft response.
Response
1) Which Special Advisers or Ministers signed off or approved the Environmental Information Response and the attachments to the response which was given the reference number 202400434817?
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don’t have the information are explained below.
The Scottish Government does not have the information you have asked for because no special advisers or ministers signed off or approved the Environmental Information Response or the attachments to the response.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
Additional information provided out with FOISA
Under section 15 of FOISA (our duty to provide advice and assistance) we would like to refer you to the Scottish Government’s Criteria for Decision-making. EIR case reference number 202400434817 was a routine request. All requests made under FOISA and EIRs are regarded as routine unless objectively assessed by the FOI Unit as sensitive or exceptionally complex.
2a) The full email threads which discussed the initial draft freedom of information/environmental information response and attachments including all comments, changes, amendments, redactions and feedback given on the original draft and subsequent drafts of the response and its attachments until the response was finalised and sent to me.
I enclose some of the information requested.
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 exemption under section 38 (1)(b) of FOISA applies some of information. This is 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 exemption 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 exemption.
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 exemption under section 30(c) (prejudice to effective conduct of public affairs) of FOISA applies to that information. The reason why that exemption applies is explained below.
It is essential for officials to be able to communicate with each other, receive advice from specialists (including the FOI Unit) and agree an approach to the handling of FOI or EIR requests before making a decision which is then communicated to the requester. Disclosing the content of these communications is likely to result in discussions about FOI or EIR handling being less detailed, which would diminish the quality of the advice provided to officials.
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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in ensuring that Ministers and officials are able to discuss and agree an approach to the handling of FOI or EIR requests before making a decision which is communicated to the requester.
2)b) Please state which ministers (including officials from their private offices) and special advisers were copied into the email threads discussing the draft response.
No ministers (including officials from their private offices) or special advisers were copied into the email threads discussing the draft response of this request. Please find further information as to why, in our answer to your question 1) above.
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
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. Additional information provided out with FOISA Under section 15 of FOISA (our duty to provide advice and assistance) we would like to refer you to the Scottish Government’s Criteria for Decision-making. 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 exemption under section 38 (1)(b) of FOISA applies some of information. This is 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 exemption 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 exemption.