EIR/202400401242 · FOI/EIR · not held
Construction of a new hospital in Inverclyde: EIR release
Information requested
the total number of meetings held between the Cabinet Secretary for Health and Stuart McMillan MSP between May 2016 and February 26th 2024 in relation to the construction of a new hospital in Inverclyde to replace the Inverclyde Royal Hospital. if any of the above meetings occurred I request notes from these meetings.
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
Two meetings were held between the Cabinet Secretary for Health and Stuart McMillan MSP between May 2016 and February 26th 2024 in relation to the construction of a new hospital in Inverclyde to replace the Inverclyde Royal Hospital.
In regards to your request for meeting notes, exception at regulation 10(4)(a) of the EIRs (information not held) applies.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. 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. 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 - clearly we cannot provide information which we do not hold.
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.
Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG
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. In regards to your request for meeting notes, exception at regulation 10(4)(a) of the EIRs (information not held) applies.
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