Publication - FOI/EIR release

Proposed Hunterston oil rig and other developments: EIR release

Published: 11 April 2018
Directorate: Marine Directorate
Topic: Marine and fisheries, Public sector

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/18/00598
Date received: 16 February 2018
Date responded: 15 March 2018

Information requested

Can you please tell me how to access the MS planning and licensing documents in connection with proposed Hunterston oil rig and other developments. I am aware of the planning documents lodged with local authority but would like to know if MS has any other material relating to this and future planning proposals for the site? You clarified that what you are looking for is 'the MS planning portal, similar to local authorities, where you can read the proposals, assessments and documents related to the Huntetrston developments.

Response

I enclose a copy of most of the information you requested.

The answer to your question is: Marine Scotland does not have a portal, however some information can be found on the Scottish Government website. Some of the information you have requested is available from the Scottish Government website at the following location:

http://www.gov.scot/Topics/marine/Licensing/marine/current-construction-projects/HunterstonYard/ScreeningOpinion

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 10(4)(d) (unfinished or incomplete information) and 11(2) (personal data) of the EIRs apply to that information. The reasons why these exceptions apply are explained below.

Reasons for not providing information

Exceptions that apply.

Exceptions under regulation 10(4)(d) and 11(2) of the EIRs apply to some of the information you have requested.

Unfinished or incomplete information.

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is an unfinished document.

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 as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government's view or position on the matter to which the information relates.

Personal data.

Regulation 11(2) – personal data.

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 Schedule 1 to the Data Protection Act 1998. 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.

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