EIR/202400403284 · FOI/EIR · not held
Former First Minister meetings with oil and gas companies/lobbyists: EIR release
Information requested
Please can you provide minutes for all of the below entries in the lobbying register, which show meetings between Humza Yousaf and oil and gas companies/lobbyists.
https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/49127 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/48731 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/49038 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/48733 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/44058 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/46929 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/46932 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/46899 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/47513 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/46770 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/45626 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/44953 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/44915 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/44923 https://www.lobbying.scot/SPS/InformationReturn/SearchInformationReturnDetail/44419
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 some of the information you requested in the format you asked for.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because we have no record of any minutes for the following meetings:
Drax and First Minister, Cruachan Power Station - 25/07/23 True North, First Minister and Colin McAllister - 27/07/23
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. While we recognise that there may be some public interest in information about meetings with the First Minister, clearly we cannot provide information which we do not hold.
An exception under regulation 10(5)(e): Confidentiality of commercial or industrial information of the EIRs applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by commercial entities.
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 interest in open and transparent government. However, this is outweighed by the public interest in preventing harm to the commercial interests of commercial entities.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested 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 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.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://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. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.