FOI 202300346148 Review of 202300337114 · FOI/EIR · partially withheld
Wildlife Management in Scotland consultation review: EIR review
Information requested
You asked for a review of our response to your request FOI 202300337114 under the Freedom of Information (Scotland) Act 2002 (FOISA) for information on the Wildlife Management in Scotland consultation which closed on 14 December 2022.
You requested the following information:
“The number of individuals who answered ‘yes’, ‘no’ and ‘unsure’ respectively in response to questions 1, 3, 5, 7, 8, 10, 14, 17, 19, 20, 21, 22, 29, 36 and 37 of the Wildlife Management in Scotland consultation, which closed on 14 December 2022”.
Response
I have now completed my review and I have concluded that the original decision should be overturned.
I have concluded that a different decision should be substituted. As the information you 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. Therefore I have concluded that the original request should have been dealt with under EIRs, applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), which states that we do not also have to deal with your request under FOISA. As such, I have reconsidered your request for information under EIRs and I apologise that your original request was not handled under the appropriate legislation.
The information you requested was previously withheld because it was considered that an exemption under section 27(1) of FOISA applied to that information due to the fact that we intend to publish the information you have requested by 3 April 2023.
My review has found that, under EIRs, we are able to provide the information you have requested. This information is set out in the table at 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 http://www.gov.scot/foi-responses.
Detected exemption language
Therefore I have concluded that the original request should have been dealt with under EIRs, applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), which states that we do not also have to deal with your request under FOISA. The information you requested was previously withheld because it was considered that an exemption under section 27(1) of FOISA applied to that information due to the fact that we intend to publish the information you have requested by 3 April 2023.