202300355004 · FOI/EIR · partially withheld
Correspondence with the Office for Statistics Regulation (OSR): EIR release
Information requested
This is a follow up request to a previous FOI response. Your ref: 202300350262. The above referenced FOI response includes the following remark: “the Scottish Government has engaged directly with the Office for Statistics Regulation (OSR) setting out the steps that have been taken to ensure the statistic is not used further, and provided an update on the analytical work that is underway to produce a replacement statistic, which will be published in due course” Please provide the above-mentioned correspondence (or notes of meetings or phone calls) with the Office for Statistics Regulation (OSR).
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
I enclose a copy of all of the information you 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.