Correspondence between the Scottish Government and Circularity Scotland between 1st February 2023 and 28th February 2023: EIR Review
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
Original request - 202300353104
“Under Freedom of Information legislation, I would be grateful for a copy of all correspondence between the Scottish Government and Circularity Scotland between 1st February 2023 and 28th February 2023.”
Response
I have now completed our review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs).
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(4)(d) (material in the course of completion, unfinished documents, or incomplete date) and 10(5)(f) (third party interests) should not apply in this case.”
Review outcome
I have concluded that a different decision should be substituted.
In conducting my review, I have reconsidered the information previously withheld, revisiting the application of the exception and the public interest test in each instance. As you did not express any dissatisfaction with the application of regulation 11(2) (personal information) in your request for review I have not considered information previously withheld under this exception.
I have determined that most 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 have also determined that regulation 10(4)(d) was referenced in your response in error as no information was previously withheld under this exemption. I apologise for this oversight.
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)(b) (course of justice) and regulation 10(5)(e) (commercial interests). Again, I have set out further reasoning for my conclusion in Annex A to this letter.
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.
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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