Sea Lice Risk Framework: EIR release

Information requested

“Information pertaining to:
All instructions / commissioning / actions / directives made by Scottish Government to SEPA in respect to the Sea Lice Risk Framework, including (but not limited to):

Those relating to the initial scoping and development of the framework, prior to public consultation.

Those relating to the consultation process, its timing, scope, the publication of outcomes and the handling of the consultation and its outcomes.

Those relating to the further development and delivery of the framework made either before, during or after the consultation.

From May 2021-present.”

Response

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.

Please find attached table (at Annex A) which summarises the information within the scope of your request, i.e. All instructions / commissioning / actions / directives from the Scottish Government to SEPA in respect to the Sea Lice Risk Framework etc. [from May 2021 to present], that we hold.

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 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 material which is still in the course of completion.

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 was still being developed 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. As these documents relate to early policy discussions on the draft Sea Lice Risk Assessment Framework, which had not reached final conclusions they would, therefore, potentially be open to misinterpretation.

An exception under regulation 10(4)(e) (internal communications) of the EIRs applies to general policy and decision-making.

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, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions.

This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the draft Sea Lice Risk Assessment Framework will be disclosed in the near future, when it may constrain the Government’s view on that policy while it is still under discussion and development.

We have also redacted text (some names, e-mail addresses) which may disclose personal data where such disclosure is not permitted in terms of regulation 11(2) of EIR. 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.

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 202200310195 - Information Released - Annex A

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