Scottish Exceutive/SASA: EIR release

Information requested

"In relation to our previous questions and your/Scottish Executive/SASA responses, we have the following thoughts:

Q1: We appreciate that the response to this question was sent on behalf of John Ellicot and we will respond to him directly, however, we do not agree that providing us (IPM) with copies of labels (for IPM crops which we requested be printed) could identify an individual; there is no personal individual details listed on labels. Please could you explain how providing us with one of our “own” labels relating to one of our crops could result in the identification of an individual?

Q2: Thank you for providing the dates requested, however, please could you clarify the date that each label was received i.e. which date corresponds to which label. Additionally, please could you confirm the date that the two labels which have not been released to IPM (as referenced in Q1 above) were received by SASA?

Q3: We appreciate that this question may not fall under FOI/EIRs, nonetheless, we are very disappointed with the response received in relation to this question and have replied to Triona accordingly.

Q4: Please could you confirm if there is any previous precedent of SASA/Scottish Executive releasing similar information requested under FOI/EIRs i.e. has SASA/Scottish Executive previously released details of companies producing seed potatoes or maintaining/propagating potato varieties at SASA to third parties?

Q4a: Industry contacts have recently indicated to us (IPM) that third parties who instructed SASA to propagate stocks of Rooster on their behalf were asked by SASA if they would object to their identity being shared with IPM. Is this the case and, if so, did any of the third parties grant permission to SASA to share their identity with IPM?

Q5: Your response is somewhat perplexing, please could you explain why such an exception could apply to a matter of process? Our question seems perfectly reasonable and should, in our opinion, only require a simple factual answer. Perhaps, by effectively asking two questions we confused the matter? Therefore, we have the following more specific questions:

Q5a: Is it a requirement of the UK Government or SASA or Scottish Executive (whichever is the competent body in this regard) that to accept an application to propagate a tissue culture stock that any potato or potato derived material, such as seed tubers, tissue culture or any other propagating material, which is derived and/or originated outside of the United Kingdom is accompanied by a Phytosanitary Certificate from the from the exporting nation/origin?

Q5b: Is it a requirement of the UK Government or SASA or Scottish Executive (whichever is the competent body in this regard) that to accept an application to propagate a tissue culture stock that any potato or potato derived material, such as seed tubers, tissue culture or any other propagating material, which is derived and/or originated outside of Great Britain is accompanied by a Phytosanitary Certificate from the from the exporting nation/origin?

Q5c: If we (IPM) proposed to send tissue culture or seed potatoes originating from the Republic of Ireland to SASA for propagation (to produce a new stock for entry in the nuclear stock unit) would a Phytosanitary Certificate be required?

Q5d: Please could you confirm whether or not SASA/Scottish Executive/UK Government (whichever is the competent body) that all potato derived propagating material received within the last 12 months for further propagation, and subsequent entry in the SASA nuclear stock unit, was accompanied by a Phytosanitary Certificate?

Q5e: Specifically in relation to the seed potato classification label originating from the Republic of Ireland that you previously provided us with (Label No.: L1000075 / Crop No. 21024961007 / copy attached) was accompanied with a Phytosanitary Certificate?"

 

Response

I have answered each of your questions below:
With regards to questions 1, 2, 5(a), 5(b) and 5(e), as this is a request to review the decision from request 2022302120, these questions have been passed to a colleague to review and respond.

3. We do not consider Question 3 to fall under the EIRs

4. SASA’s Potato Branch have dealt with six somewhat similar requests under Freedom of Information/Environmental Information legislation since 2005. No two requests are the same and each request is considered on its own merits, and in light of the specific circumstances surrounding the request. The table below indicates what was released in response to each of these six requests.

Year	Release	Notes
2005	Full	Full disclosure made after seeking permission of data subjects.
2007	Unknown	Paper records unavailable for consultation.
2011	Refused	Treated as FOI. Section 33 (Commercial interests and the economy) applied.
2012	Partial	11(2) (Personal data) applied. Information relating to limited companies released.
2013	Partial	Response not formal EIR response, however personal data redacted.
2019	Partial	10(5)(e ) (Confidentiality of commercial or industrial information) applied to some information.

4a. SASA did contact the applicants and one party was content for their details to be released. As only one person was content, we withheld the details of the one individual that was content as we considered that they might be commercially disadvantaged if we released that information to you. We applied an exception under Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information). This exception applies because disclosure of this particular information to a competitor would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by the applicants and thus cause substantial harm to their commercial interests. This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We found that, on balance, the public interest lay in favour of upholding the exception. We recognised that there was a public interest in  disclosinginformation as part of an open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which request commercial services from SASA/Scottish Government.

5c. A phytosanitary certificate is required for all material entering the unit from third countries, including the Republic of Ireland.

5d. All potato derived propagating material received within the last 12 months for further propagation, and subsequent entry in the SASA nuclear stock unit, was accompanied by a Phytosanitary Certificate if a Phytosanitary Certificate is a requirement due to the country of origin.

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.