Correspondence regarding Heathrow Airport: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
1) A list of all the meetings, calls and correspondence between Scottish Ministers and representatives of Heathrow Airport which have taken place in 2022 and 2023 to date; and copies of any minutes, meeting notes, or correspondence which is held for the period.
2) Copies of any reviews or updated assessments of either (a) the Scottish Government's support for Heathrow expansion or (b) the expected environmental impact of Heathrow expansion, which have been produced in either 2022 or 2023.
Response
In relation to part one of your request, there have been no meetings between Ministers and Heathrow Airport in the period of your request.
I enclose a copy of some of the information you requested in part one. 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 exemption under section 38(1)(b) (Personal Details) of FOISA applies to that information.
Some of the information you have requested is also available from previous FOI requests that have been submitted on the same matter. Please find attached the released material from those respective FOI requests that contain information relevant to your request.
With regards to material provided from the previous FOI requests, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested because an exemption under section 38(1)(b) (Personal Details) of FOISA an exemption under section 30(b)(ii) (free and frank exchange of views) of FOISA and an exemption under section 33(1)(b) (Commercial Interests) of FOISA applies to that information. The reason why these exemptions apply are explained in the Annex to this letter. Information out of scope has also been redacted.
We do not hold any information in relation to part two of your request.
Annex
Reasons for not providing information
An exemption applies
With regards to material based on this FOI request; an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data, i.e. names and contact details of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. This exemption 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 exemption.
With regards to material released from the previous FOI requests; an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data, i.e. names and contact details of individuals, and disclosing this would contravene the data protection principles on Schedule 1 of the Data Protection Act 1998. This exemption 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 exemption.
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to discuss matters inrelation to Heathrow Airport. Disclosing the content of these discussions could lead to officials being reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.
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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in allowing officials a private space within which to communicate with each other. This private space is essential so that good policy decisions can be taken based on fully informed advice and evidence.
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Heathrow Airport. Disclosing this information would be likely to give Heathrow airports’ competitors an advantage as it relates to commercial information about London Heathrow routes.
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. We recognise that there is a public interest in disclosing information as part of open and transparent government. However, It is important that we do not publish commercial information that could have a potential negative impact on any stakeholder.
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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