Deposit Return Scheme correspondence (Mar-Apr): EIR Review

Information requested

Original request 202300353088

A copy of all correspondence between the Scottish Government and Circularity Scotland between 1st March 2023 and 28th April 2023.

Response

I have now completed our review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs).

Your request

“Under Freedom of Information legislation, I would be grateful for a copy of all correspondence between the Scottish Government and Circularity Scotland between 1st March 2023 and 28th April 2023.”

Your request for review

“A review into this response on the basis that the exemption process is of significant public interest and has been discussed widely in Parliamentary debates and the media. To aid transparency and inform public debate I believe that the exemption 10(5)(f) (third party interests) should not apply in this case.”

Review Outcome

I have concluded that the original decision should be confirmed, with modifications. The original response informed you that we were unable to provide the information you requested because 11(2) (Personal information) and 10(5)(f) (third party interests) exceptions applied.

As your request for review did not focus on 11(2) (Personal Information), I reconsidered the application of regulation 10(5)(f) (third party interests) of the EIRs and revisited the public interest test arguments for and against releasing this information.

I have determined that much of the information previously withheld under regulation 10(5)(f) can now be disclosed. I have enclosed a copy of this information in Annex B to this letter.

I am however satisfied that a small amount of information previously withheld under regulation 10(5)(f) would remain exempt from disclosure under this exception. I have set out further reasoning for my conclusion in Annex A to this letter.

In addition, I am also satisfied that a small amount of information previously withheld under regulation 10(5)(f) would remain exempt from disclosure under regulation 10(5)(d) (legal confidentiality) and 10(4)(d) (material in the course of completion). Again, I have set out further reasoning for my conclusion in Annex A to this letter.

ANNEX A

Regulation 10(4)(d) – Material in the course of completion

An exception under regulation 10(4)(d) of the EIRs (material in the course of completion) applies to a small amount of the information you have requested.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Regulation 10(5)(d) – Legal Confidentiality

An exception under regulation 10(5)(d) of the EIRs (the confidentiality of the proceedings of any public authority where such confidentiality is provided for by law) applies to a small amount of the information you have requested because its disclosure would breach legal professional privilege.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Regulation 10(5)(f) – Third Party Interests

Some information has been withheld under regulation 10(5)(f) (third party interests).

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 releasing the information as part of an open, transparent and accountable government. However, disclosure of this commercially sensitive information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by third parties.

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.

EIR 202300374940 - Information released - Annex B

File type

19 page PDF

File size

641.2 kB