FOI/202300385759 · FOI/EIR · partially withheld
NatureScot guidance on Hunting with Dogs: EIR release
Information requested
Any (i) correspondence, (ii) record of communication, or (iii) document held by Scottish Ministers in connection with:
the development, drafting, terms or implementation, of, and/or other matters connected with, the proposed, draft and/or finalised guidance published by NatureScot in connection with the Hunting with Dogs (Scotland) Act 2023, or the related application forms; and/or, the approach to be taken by NatureScot to applications for licences under the Hunting with Dogs (Scotland) Act 2023.
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
For ease of reference I have responded to each of your points separately below.
1. Any (i) correspondence, (ii) record of communication, or (iii) document held by Scottish Ministers in connection with the development, drafting, terms or implementation, of, and/or other matters connected with, the proposed, draft and/or finalised guidance published by NatureScot in connection with the Hunting with Dogs (Scotland) Act 2023, or the related application forms;
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 exceptions under regulations 6(1)(b) – publicly available information, 10(4)(e) – internal communications, 10(5)(d) – confidentiality of proceedings provided for by law and 11(2) – personal information of the EIRs applies to that information. The reasons why those exemptions apply are explained at Annex A.
2. Any (i) correspondence, (ii) record of communication, or (iii) document held by Scottish Ministers in connection with the approach to be taken by NatureScot to applications for licences under the Hunting with Dogs (Scotland) Act 2023.
I have enclosed a copy of the information you have requested.
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. The reasons why those exemptions apply are explained at Annex A.