EIR/202400439265 · FOI/EIR · unclear
Musselburgh Flood Scheme communications: EIR release
Information requested
A copy of all communications regarding the Musselburgh Flood Scheme since 2022 with the Scottish Government or its representatives (please omit COSLA and the Scottish Government's flood risk management working group minutes).
After contacting you to confirm our interpretation of your request, it was clarified that you are asking for the following information:
"Please provide all communications regarding the Musselburgh Flood Scheme since January 2022 ( including the Ash Lagoon sea wall repair and Musselburgh Active Toun project which is to be delivered with the Musselburgh Flood Scheme) between the Scottish Government and - East Lothian Council, Midlothian Council, SEPA, NatureScot, Jacobs Engineering, Conor Price Consultancy (CPE), Turner & Townsend, Transport Scotland, Musselburgh Active Toun (MAT)."
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 exception 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 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, 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 in Annex B.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. These exceptions can be found 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 exception 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.