Correspondence to Energy Minister which mentions “climate change” and/or “climate crisis": EIR release

Information requested

Any correspondence from members of the public to the current Energy Minister from 1/1/2020 - to current which mentions ‘climate change’ and/or ‘climate crisis'.

Response

I enclose a copy of Minister Martin’s correspondence from members of the public that mention "climate change" and/or "climate crisis" from 29 March 2023 to 27 September 2023. The information requested in redacted PDF format.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested for the time period that precedes the time the current Energy Minister took up her Ministerial position. Therefore we are refusing that part of your request under the exception at regulation 10(4)(a) of the EIRs. As Minister Gillian Martin only became a Minister on 29 March we do not have access to the information requested before this date.

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. While we recognise that there may be some public interest in information about "correspondence from members of the public to the current Energy Minister from 1/1/2020- to current which mentions ‘climate change’ and/or ‘climate crisis’.", we cannot provide information which we do not hold. Specifically, your clarified to us that you are requesting information on correspondence from Ms Martin since 1/1/20 and we do not hold information prior to Ms Martin’s appointment as a Minister on 29 March 2023.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested 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.

An exception under regulation 10(5)(e) (Confidentiality of commercial or industrial information) of the EIRs applies to some of the information you have requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of individuals/company(ies) providing services. Some contracts are still current and commercially confidential. Disclosing this information could “significantly harm their commercial business” and could “cause reputational damage”.

This exemption is also 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. Although there is a public interest in being transparent with the public purse there is a stronger interest in the ability to ensure that the Scottish Government can gain best value contracts and can consult freely with commercial entities. We have found that, on balance, the public interest lies in favour of upholding the exemption.

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 202300378276 - Information Released - Attachments

File type

15 page PDF

File size

844.7 kB