Musselburgh Flood Protection Scheme: EIR release

Information requested

A copy of all correspondence with CPE Consultancy (or Conor Price Engineering Limited) pertaining to the Musselburgh Flood Protection Scheme. 

A list of any associated documents (including but not limited to maps, data, reports) which relate to the Musselburgh Flood Protection Scheme.

Response

I apologise for the delay in responding.

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.

I attach a copy of the all correspondence with CPE Consultancy pertaining to the Musselburgh Flood Protection Scheme. I can confirm that there are no associated documents. In reviewing the correspondence some elements have been redacted as they fall under an exception under regulation 11(2) of the EIRs (personal information) because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.

I can confirm the Scottish Government does not hold copies of any correspondence with Conor Price Engineering Limited pertaining to the Musselburgh Flood Protection Scheme.

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 - 202200276269 - Information Released - Annex

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2 page PDF

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