EIR/202400424931 · FOI/EIR · partially withheld
Translations and/or briefing documents on Germany’s Hydrogen Import Strategy: EIR release
Information requested
Please provide any translations and/or briefing documents prepared by the Scottish Government on Germany’s Hydrogen Import Strategy, published in July 2024.
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 the information you have 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 exception under the regulations 10(5)(a) (International relations, defence, national security, or public safety) of the EIRs apply to several pieces of information. The reasons why the exceptions have been applied are explained in Annex A to this letter.
ANNEX A REASONS FOR NOT PROVIDING INFORMATION
An exception applies
An exception under regulation 10(5)(a) (International relations, defence, national security, or public safety) of the EIRs applies to some of the information you have requested. Regulation 10(5)(a) applies as the information exempt relates to current international relationships and reflects sensitive conversations made in confidence concerning international governments.
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 of the importance of energy policy to Scotland. However, this is outweighed by the public interest in the ongoing development of strong relationships relating to the energy sector.
About FOI
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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 A REASONS FOR NOT PROVIDING INFORMATION An exception applies An exception under regulation 10(5)(a) (International relations, defence, national security, or public safety) of the EIRs applies to some of the information you have requested.