Information relating to nuclear energy and power in Scotland: EIR release

Information requested

1. All briefing notes prepared for ministers, correspondence sent and received by ministers, including internal ones, about nuclear energy and power in Scotland between July 1 2023 and the date of this FOI?
2. A list of all meetings held by the Scottish Energy Advisory Board, including attendees and minutes/notes from them, held during 2023.
3. How many times have the Scottish Government been invited to tour the Acorn Project in Peterhead since 2021, and a list of ministerial engagements that have been accepted?
4. Could you supply what a climate compatibility checkpoint is as defined by the Scottish Government and whether this has been undertaken for Rosebank oil field?
5. All briefings prepared for ministers, correspondence received and sent by the Scottish Government, including internal ones, about Rosebank between August 1 and the date of this FOI.
6. All independent analysis prepared for ministers about the impact of the Rosebank oil project on the environment’.

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 exception 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 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, 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

Question 1

I have included copies of the information you have requested in Annex B.

On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 2

(Q2 – Doc 1 on Statement of Compliance)

The Scottish Energy Advisory Board (SEAB) last met on 31 January 2023, the next meeting is scheduled for 6 December 2023.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the complete information you have requested.

Therefore, this is a formal notice under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to the information you have requested because it is still in the course of completion. However, you will find the information in our website when published.

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, this is outweighed by the public interest in ensuring that unfinished or incomplete information is not disclosed when it might misinform the public or give a misleading impression of the Scottish Government’s view or position on the matter to which the information relates.

Question 3

The Scottish Government has been invited seven times to visit the Acorn Project in Peterhead since 2021. Note that we have interpreted “Scottish Government” to mean both officials and ministers and “since 2021” to mean since 1 January 2021. Following the clarification received from you, we have interpreted “the Acorn Project in Peterhead” to mean the Acorn project in St Fergus which comprises Acorn CCS and Acorn Hydrogen.

We have interpreted your request for “a list of ministerial engagements that have been accepted” to mean invitations that have been received and accepted by ministers. These are as follows:

• An April 2022 invitation to the Minister for Just Transition, Employment and Fair Work
• A December 2022 invitation to the Deputy First Minister
• A May 2023 invitation to the Minister for Energy and the Environment
• A May 2023 invitation to the First Minister

Question 4

Oil & Gas licensing is reserved to the UK Government. The Scottish Government has, through its draft Energy Strategy and Just Transition Plan, called for a robust Climate Compatibility Checkpoint to be applied to new oil and gas developments. Independent analysis commissioned by the Scottish Government (published here –Energy system and Just Transition: independent analysis - gov.scot (www.gov.scot)) in support of the draft Strategy included consideration of what tests could potentially make up such a Checkpoint. These potential tests have not been applied to the Rosebank field, or any other development. We are unable to comment on UK Government action, but it is our understanding that the current UK Climate Compatibility Checkpoint is only a consideration for decisions on whether to open a new licensing round, beginning with the 33rd licensing round.

Question 5

I have included copies of the information you have requested in Annex C.

On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 6

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore, this is a formal notice under Regulation 10(4)(a) of EIRs confirming that the Scottish Government does not hold this information.

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 the requested information, the Scottish Government cannot provide information which we do not hold.

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 202300382897 - Information Released - Annex A - C

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28 page PDF

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