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EIR/202400440990 · FOI/EIR · partially withheld

Correspondence since announcement of National Park in Galloway consultation: EIR release

Published
2025-01-28
Received
2024-11-15
Responded
2025-01-17
Directorate
Environment and Forestry Directorate
Topic
Environment and climate change, Public sector
Exemptions
20, 39(2)

Information requested

Any letters or emails received by the Cabinet Secretary for Rural Affairs, Land Reform and Islands, Mairi Gougeon, since the announcement of a consultation for a National Park in Galloway about the proposals.

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.

I have included copies of the information you have requested below in Annex B.

On reviewing materials within scope of your request some exceptions have been applied in line with the EIRs.

You can find information on the exceptions that have been applied to information below in 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

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.

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