Correspondence regarding Heathrow Airport expansion: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

1. A list of all the meetings, calls and correspondence between Scottish Ministers and representatives of Heathrow Airport which have taken place in 2021 to date; and copies of any minutes, meeting notes, or correspondence which is held for the period.

2. Copies of any reviews or updated assessments of either (a) the Scottish Government's support for Heathrow expansion or (b) the expected environmental impact of Heathrow expansion, which have been produced in either 2020 or 2021.

Response

I attach a copy of some of the information you requested. 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 an exemption under section 38(1)(b) (Personal Details) of FOISA, an exemption under section 33(1)(b) (Commercial Interests) of FOISA and an exemption under section 30(b)(ii) (free and frank exchange of views) of FOISA applies to that information. The reason why these exemptions apply are explained in the Annex to this letter.

While we do not have a specific report highlighting the expected environmental impact of the Heathrow expansion, Transport Scotland has published reports on Decarbonising the Scottish Transport Sector and the Environmental Impacts on Aviation from Scotland to Heathrow in relation to your request.

These can be viewed at:

Element Energy report on Decarbonising Transport report -
https://www.transport.gov.scot/publication/decarbonising-the-scottish-transport-sector/

Element Energy report on domestic aviation routes; Insight to Environmental impact of flights from Scotland to Heathrow - https://www.transport.gov.scot/publication/modal-emissions-analysis-fordomestic-aviation-routes-in-scotland/

Annex

Reasons for not providing information

An exemption applies

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. This exemption 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 exemption.

Exemptions apply, subject to the public interest test

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Aberdeen International, Edinburgh, Glasgow and Inverness airports. Disclosing this information would be likely to give these airports’ competitors an advantage as they would see details of the balance of connecting versus pointto- point passengers on routes to Heathrow from each airport.

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. We recognise that there is a public interest in disclosing information as part of open and transparent government. However, there is a greater public interest in protecting the commercial interests of these airports in order to ensure the continuation of a competitive market for the benefit of air passengers.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers, officials and stakeholders to have a private space within which to discuss matters. Disclosing the content of these discussions could lead to officials and stakeholders being reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing Ministers, officials and stakeholders a private space within which to communicate with each other. This private space is essential so that good policy decisions can be taken based on fully informed advice and evidence.

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.

FOI - 202100255769 - Information Released

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

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